DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/324)

POOLCOM PTY LTD T/AS MOMENTUM POOLS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 FEBRUARY 2017

Application for approval of the Poolcom Pty Ltd T/As Momentum Pools 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 Poolcom Pty Ltd T/As Momentum Pools 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, 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 20 February 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Poolcom Pty Ltd T/As Momentum Pools and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The employer contested the application on several grounds, including the assertion that the agreement did not meet the legislative requirements for approval.

The central legal issues before the Commission were whether the agreement was genuinely negotiated, free from improper conduct, and met the standards set out in the Fair Work Act. The employer argued that the agreement was not genuinely negotiated as it was imposed under duress, and there was no genuine collective bargaining. Additionally, the employer contended that the agreement contained terms that were not in the best interests of the employees and contravened the statutory provisions.

The Commission, after reviewing the evidence and submissions from both parties, found that the agreement was genuinely negotiated and free from any improper conduct. The Commission emphasised that there was no evidence to support the employer’s claim of duress and that the negotiation process had been transparent. Furthermore, the Commission concluded that the terms of the agreement were in the best interests of the employees and did not contravene any statutory provisions. Consequently, the application for approval was granted, and the agreement was registered as a certified agreement under the Fair Work Act.

In light of the findings, the Commission approved the Poolcom Pty Ltd T/As Momentum Pools and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was registered, and it became a legally binding document between the employer and the union, applicable to the employees covered by the agreement.

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