DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6322)

ALOHA POOLS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 NOVEMBER 2018

Application for approval of the ALOHA POOLS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the ALOHA POOLS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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] 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] The Construction, Forestry, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Enterprise Agreement between ALOHA POOLS PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The application was brought to the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The union and the employer sought to have the agreement recognised and approved to govern the terms and conditions of employment during the specified period.

The primary legal issue for the court was to ascertain whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically whether it contained all the mandated terms and conditions, and whether it was made in good faith and without coercion. The court also needed to determine if the agreement was free from any illegal content and if it appropriately dealt with the entitlements and protections of the employees.

In its decision, the court examined the provisions of the agreement in detail. It confirmed that the agreement contained all the mandated terms and conditions as required by the Fair Work Act. The court found that the agreement was made in good faith, without any element of coercion, and that it did not contain any illegal content. Furthermore, the court was satisfied that the agreement appropriately addressed the entitlements and protections of the employees, providing a fair and reasonable framework for their employment conditions. Based on these findings, the court approved the enterprise agreement, thereby allowing it to be registered and enforced.

The final orders of the court were that the Enterprise Agreement between ALOHA POOLS PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018 be approved and registered under the Fair Work Act. The agreement was to be enforced as a legally binding document governing the terms and conditions of employment for the specified period.

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