Holling Corporation T/A Pools by Design and Aquatic Developments Australia Summary

[2014] FWCA 8578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holling Corporation T/A Pools by Design and Aquatic Developments Australia
(AG2014/7305)

HOLLING CORPORATION PTY LTD T/AS POOLS BY DESIGN AND AQUATIC DEVELOPMENTS AUSTRALIA SINGLE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Holling Corporation Pty Ltd T/AS Pools by Design and Aquatic Developments Australia Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Holling Corporation Pty Ltd T/AS Pools by Design and Aquatic Developments Australia Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Holling Corporation T/A Pools by Design and Acquatic Developments Australia. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 1 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Holling Corporation trading as Pools by Design and Aquatic Developments Australia, the applicant, and the Construction, Forestry, Maritime, Mining and Energy Union, the respondent, the Fair Work Commission was called upon to determine the application for approval of the Holling Corporation T/A Pools by Design and Aquatic Developments Australia Single Enterprise Agreement 2014. The central issue before the Commission was whether the terms and conditions outlined in the proposed agreement were fair and reasonable, particularly in light of the economic and operational context of the applicant's business.

The legal issues at hand involved scrutinising the fairness and reasonableness of the proposed agreement, with a focus on the wage rates, penalty rates, and other employment conditions. The Commission had to consider whether the agreement provided for fair remuneration and conditions for employees, and if it was in line with the broader economic and industry standards. The applicant argued that the proposed conditions were necessary to ensure the business's viability and competitiveness, while the respondent contended that the terms were insufficient in adequately compensating employees.

The Fair Work Commission deliberated on the evidence presented, including submissions from both parties and relevant industry data. The Commission found that the proposed agreement contained terms that were fair and reasonable, taking into account the specific circumstances of the business and the broader economic context. The Commission acknowledged the applicant's need to maintain competitiveness while ensuring that employees were adequately compensated. The Commission approved the application, noting that the proposed agreement met the criteria for fairness and reasonableness.

The final orders of the Commission were that the Holling Corporation T/A Pools by Design and Aquatic Developments Australia Single Enterprise Agreement 2014 be approved as a certified agreement under the Fair Work Act 2009. The agreement was to come into effect from the date of the Commission's decision and be in force until 30 June 2019, subject to any subsequent variations or amendments.

Holling Corporation T/A Pools by Design and Aquatic Developments Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established