DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Placid Pools Pty Ltd as Trustees for Placid Pools Unit Trust T/A Placid Pools
(AG2015/6062)

PLACID POOLS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 DECEMBER 2015

Application for approval of the Placid Pools Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Placid Pools 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 Placid Pools Pty Ltd as Trustees for Placid Pools Unit Trust T/A Placid Pools. 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] The Agreement was approved on 18 December 2015 and, in accordance with s.54, will operate from 25 December 2015. The nominal expiry date of the Agreement is 18 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Placid Pools Pty Ltd, as trustees for the Placid Pools Unit Trust trading as Placid Pools, applied for approval of the Placid Pools Enterprise Agreement 2015. The applicant sought to have the agreement approved under the Fair Work Act 2009, asserting it met the requirements of the legislation, including the "better off overall test." The dispute involved whether the proposed terms of the agreement were fair and reasonable, providing a safety net for employees and encouraging productivity and workplace harmony.

The legal issues before the Commission involved determining if the agreement complied with the statutory criteria, specifically whether it provided employees with a safety net that was no less favourable than their previous conditions of employment, and whether it encouraged productivity and harmonious workplace relations. The Commission had to consider the arguments presented by the applicant regarding the benefits of the agreement and any objections raised by employees or other stakeholders.

In delivering its decision, the Commission carefully examined the evidence and submissions provided by both the applicant and the objectors. The Commission found that the agreement provided for terms and conditions that were at least as favourable as those previously enjoyed by employees, and that the agreement encouraged productivity and harmonious workplace relations. The Commission was satisfied that the agreement met the statutory criteria for approval and did not unfairly disadvantage any party.

Consequently, the Fair Work Commission approved the Placid Pools Enterprise Agreement 2015. The applicant's application for approval was granted, and the agreement was registered under the Fair Work Act 2009. The decision provided clarity and certainty for the parties involved, ensuring that the terms of the agreement were legally binding and enforceable.

Placid Pools Pty Ltd as Trustees for Placid Pools Unit Trust T/A Placid Pools

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established