DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6076)

AQUA LEISURE POOLS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 OCTOBER 2016

Application for approval of the Aqua Leisure Pools (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a greenfields agreement known as the Aqua Leisure Pools (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for the approval of a collective agreement between Aqua Leisure Pools (QLD) Pty Ltd and the Construction, Forestry, Mining and Energy Union. The application was brought under the Fair Work Act 2009. The primary issue before the court was whether the proposed agreement met the requirements for approval as a registered agreement under the Act, particularly in relation to the provisions regarding penalty rates and the classification of employees. The union argued that the agreement was fair and met the statutory criteria, while the employer raised concerns about the economic viability of the proposed terms.

The court examined the arguments from both parties and considered the relevant statutory provisions, including the requirements for procedural fairness and the overall fairness of the agreement. It assessed whether the agreement provided for the protection of employees' rights and interests and whether it was likely to promote harmonious, productive, and cooperative workplace relations. The court also considered the implications of the agreement for the employer's business and the broader industry context. After thorough analysis, the court found that the agreement was fair and met the criteria for approval under the Act.

The court approved the collective agreement, finding it to be fair and in line with the requirements of the Fair Work Act 2009. It noted that the agreement provided for appropriate protections for employees and that the employer's concerns about economic viability did not outweigh the overall fairness of the agreement. The court emphasised the importance of maintaining fair and productive workplace relations in the industry. The approval of the agreement was a significant outcome for both parties, providing a framework for the regulation of employment conditions and relations in the industry for the specified period.

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