Construction, Forestry and Maritime Employees Union

[2024] FWCA 1379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1177)

WORKSTAFF PTY LTD AND ALOHA AAP PTY LTD T/AS ALOHA POOLS COMMERCIAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) COMMERCIAL POOL BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 22 APRIL 2024

Application for approval of the WORK STAFF PTY LTD and ALOHA AAP PTY LTD T/As ALOHA POOLS COMMERCIAL and the CFMEU (Victorian Construction and General Division) Commercial Pool Builder Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the WORK STAFF PTY LTD and ALOHA AAP PTY LTD T/As ALOHA POOLS COMMERCIAL and the CFMEU (Victorian Construction and General Division) Commercial Pool Builder Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2024. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Work Staff Pty Ltd and Aloha AAP Pty Ltd trading as Aloha Pools Commercial, along with the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), for the approval of the Commercial Pool Builder Enterprise Agreement 2020-2023. This agreement was to be applied to the employees of Work Staff Pty Ltd and Aloha AAP Pty Ltd. The dispute centred on the terms and conditions of the proposed enterprise agreement, which both parties claimed to have been negotiated in good faith and to be fair and reasonable for the employees involved.

The court was required to determine whether the proposed enterprise agreement complied with the necessary legal standards under the Fair Work Act 2009. This involved assessing whether the agreement was negotiated in good faith, whether it contained the essential protections as outlined in the Act, and whether it was fair and reasonable in all its terms. The court also had to consider any submissions made by the parties regarding the agreement's compliance with relevant industrial laws and any potential impacts on the employees.

In its decision, the court examined the process by which the agreement was negotiated and the provisions within it. The court found that the agreement was negotiated in good faith and that it contained all the essential protections required by law. The court also concluded that the agreement was fair and reasonable in its terms, taking into account the specific circumstances of the employees and the parties involved. The court's reasoning was based on the evidence presented and the legal criteria set out in the Fair Work Act. The court ultimately approved the Commercial Pool Builder Enterprise Agreement 2020-2023, confirming its validity and enforceability.

As a result of the court's decision, the Commercial Pool Builder Enterprise Agreement 2020-2023 was approved and is now a legally binding document governing the employment terms and conditions of the employees of Work Staff Pty Ltd and Aloha AAP Pty Ltd trading as Aloha Pools Commercial. The court's approval signifies that the agreement meets the necessary legal requirements and can be implemented as intended by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established