DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1537)

SWIMCAM PTY LTD T/AS LI-LO POOLS AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 MAY 2019

Application for approval of the Swimcam Pty Ltd T/As Li-Lo Pools and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Swimcam Pty Ltd T/As Li-Lo Pools and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 15 - Casual employment

However, noting clause 2 of the Undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Swimcam Pty Ltd T/As Li-Lo Pools. The dispute was regarding the approval of the 2018-2019 Union Collective Agreement between the two parties. The Fair Work Commission (FWC) was the court in which this case was heard. The legal issues the court needed to decide were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether the agreement was in the best interests of the employees.

The court considered whether the agreement met the criteria for approval under the Fair Work Act 2009. The court found that the agreement contained all the required elements, such as the parties' names, the duration of the agreement, and the minimum rates of pay and conditions. The court also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The court noted that the agreement provided for a range of benefits, including increased pay rates, improved working conditions, and better access to training and development opportunities.

Based on its findings, the court approved the 2018-2019 Union Collective Agreement between the CFMEU and Swimcam Pty Ltd T/As Li-Lo Pools. The court noted that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The court also noted that the agreement had been negotiated in good faith and that there was no evidence of any coercion or undue influence. The court found that the agreement met the criteria for approval under the Fair Work Act 2009 and was in the best interests of the employees.

The court approved the 2018-2019 Union Collective Agreement between the CFMEU and Swimcam Pty Ltd T/As Li-Lo Pools. The court found that the agreement met the criteria for approval under the Fair Work Act 2009 and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment and had been negotiated in good faith. The court also noted that there was no evidence of any coercion or undue influence. The approval of the agreement ensures that the employees of Swimcam Pty Ltd T/As Li-Lo Pools will continue to be covered by a fair and reasonable collective agreement for the duration of the agreement.

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