DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2698)

POOLCOM PTY LTD T/AS MOMENTUM POOLS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 APRIL 2016

Application for approval of the POOLCOM PTY LTD T/As MOMENTUM POOLS and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[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 Building and Construction Industry Enterprise Agreement 2015 (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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on and, in accordance with s.54, will operate from 15 April 2016. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the Poolcom Pty Ltd t/as Momentum Pools and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The respondent, Poolcom Pty Ltd, argued that the agreement was not suitable for its employees. The case was heard in the Fair Work Commission, which has jurisdiction over enterprise agreements and related matters.

The primary legal issue before the Commission was whether the enterprise agreement was suitable for the employees of Poolcom Pty Ltd. This involved assessing whether the agreement met the requirements set out in the Fair Work Act 2009, particularly in relation to the "better off overall test" and the coverage of the agreement. The Commission also had to consider if the agreement provided appropriate protections and benefits for the employees.

In its decision, the Commission found that the enterprise agreement was suitable for Poolcom Pty Ltd's employees. The Commission determined that the agreement met the better off overall test and provided appropriate protections and benefits for the employees. It concluded that the agreement was fair and reasonable, and thus approved the agreement. The Commission found that the agreement was not detrimental to the employees of Poolcom Pty Ltd and was in line with the objectives of the Fair Work Act.

The Fair Work Commission approved the Poolcom Pty Ltd t/as Momentum Pools and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Commission determined that the agreement was fair, reasonable, and met the requirements of the Fair Work Act. This decision ensures that the employees of Poolcom Pty Ltd are covered by an approved enterprise agreement that provides them with appropriate protections and benefits.

Construction, Forestry, 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