DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neptune Swimming Pools Pty Ltd
(AG2018/3324)

NEPTUNE SWIMMING POOLS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2018

Application for approval of the Neptune Swimming Pools Pty Ltd 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 Neptune Swimming Pools Pty Ltd 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 Neptune Swimming Pools Pty Ltd. 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 10 August 2018. 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 applicant, Neptune Swimming Pools Pty Ltd, sought approval of the Enterprise Agreement with the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The applicant submitted that the agreement was fairly and properly negotiated and contained appropriate provisions for the employees. The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the enterprise agreement was fairly and properly negotiated and whether it contained adequate provisions for the employees. The Commission also considered whether the agreement was in the best interests of the employees and whether it complied with relevant legislative requirements.

The Commission found that the agreement was fairly and properly negotiated and contained adequate provisions for the employees. The Commission was satisfied that the agreement was in the best interests of the employees and complied with relevant legislative requirements. The Commission noted that the agreement provided for a number of improvements to the employees, including higher wages and better working conditions. The Commission concluded that the agreement was fair and reasonable and should be approved.

The Commission approved the enterprise agreement, subject to certain modifications. The modifications related to the provisions regarding the calculation of overtime and the resolution of disputes. The Commission considered that the modifications were necessary to ensure that the agreement complied with relevant legislative requirements and was fair and reasonable. The Commission noted that the modifications did not significantly alter the overall effect of the agreement and were in the best interests of the employees. The Fair Work Commission approved the enterprise agreement with certain modifications, which were deemed necessary to ensure compliance with relevant legislative requirements and to maintain fairness and reasonableness in the agreement.

Neptune Swimming Pools Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established