DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6031)

POOLCOM PTY LTD T/AS MOMENTUM POOLS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 JULY 2021

Application for approval of the POOLCOM PTY LTD T/As MOMENTUM POOLS and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the POOLCOM PTY LTD T/As MOMENTUM POOLS and the CFMEU (Victorian Construction and General Division) 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, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were POOLCOM PTY LTD, trading as MOMENTUM POOLS, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The dispute involved an application for approval of the Builder Enterprise Agreement 2020-2023, which aimed to establish the terms and conditions of employment between the employer and the union. The matter was heard in the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed agreement was in the public interest, whether it provided for a fair and efficient workplace, and if it met the requirements of the Fair Work Act. The Commission had to consider the balance of the agreement, the bargaining power of the parties, and the impact of the agreement on the employees.

The Fair Work Commission found that the proposed agreement was in the public interest and met the requirements of the Fair Work Act. The Commission considered the bargaining power of the parties, the nature of the industry, and the impact of the agreement on the employees. The Commission was satisfied that the agreement provided for a fair and efficient workplace and that the parties had negotiated the agreement in good faith. The Commission approved the Builder Enterprise Agreement 2020-2023, which will now be in effect until the end of the agreement period.

The Fair Work Commission approved the Builder Enterprise Agreement 2020-2023 between POOLCOM PTY LTD, trading as MOMENTUM POOLS, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement will now be in effect until the end of the agreement period, providing a framework for the terms and conditions of employment between the employer and the union.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established