DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3406)

URBAN AQUATICS PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 9 AUGUST 2018

Application for approval of the Urban Aquatics Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Urban Aquatics Pty Ltd and CFMMEU 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] 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, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and Urban Aquatics Pty Ltd. The dispute revolves around the approval of the Urban Aquatics Pty Ltd and CFMMEU Union Collective Agreement for the period 2018-2019. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the Commission was whether the collective agreement met the necessary standards under the Fair Work Act 2009, specifically if it complied with the requirements for approval under section 234 of the Act. This includes ensuring that the agreement does not undermine the Australian industrial relations system and that it does not have an adverse effect on the employees' rights or conditions of employment.

The Fair Work Commission carefully examined the provisions of the collective agreement, assessing whether it adhered to the statutory requirements. The Commission noted the agreement's compliance with the legislative framework and its alignment with the principles of fairness and balance in the workplace. The Commission was satisfied that the agreement did not undermine the Australian industrial relations system and that it provided adequate protections for employees, including provisions for wages, hours of work, and other employment conditions. Consequently, the Commission approved the Urban Aquatics Pty Ltd and CFMMEU Union Collective Agreement for the period 2018-2019.

The Fair Work Commission's decision to approve the collective agreement was based on its comprehensive review and determination that the agreement met all statutory requirements and did not negatively impact employees' rights or conditions of employment. The Commission's approval of the agreement ensures that it remains in effect for the specified period, providing a framework for fair and balanced industrial relations between the parties.

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