DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for The Neish-King Family Trust T/A Kew Swimming Pools
(AG2018/6614)

KEW SWIMMING POOLS SINGLE ENTERPRISE AGREEMENT 2018

Retail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 MARCH 2019

Application for approval of the Kew Swimming Pools Single Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kew Swimming Pools Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for The Neish-King Family Trust T/A Kew Swimming Pools. The Agreement is a single enterprise agreement.

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 20 March 2019 and, in accordance with s.54, will operate from 27 March 2019. The nominal expiry date of the Agreement is 20 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the trustee of the Neish-King Family Trust, trading as Kew Swimming Pools, applied for the approval of the Kew Swimming Pools Single Enterprise Agreement 2018. The applicant sought to have the agreement recognised as a single enterprise agreement for the purposes of the Fair Work Act 2009. The dispute involved the classification and wages of employees within the organisation.

The central legal issues before the Commission were whether the agreement met the requirements of section 232 of the Fair Work Act, which sets out the criteria for the approval of a single enterprise agreement. Specifically, the Commission needed to determine if the agreement was in writing, provided for a bargaining period, was made by an authorised bargaining representative, and contained specific provisions regarding the terms and conditions of employment. Additionally, the Commission considered whether the agreement was fair and reasonable, and if it complied with the relevant industrial laws.

The Commission found that the Kew Swimming Pools Single Enterprise Agreement 2018 satisfied all the statutory requirements for approval. The agreement was in writing, provided for a bargaining period, and was made by an authorised bargaining representative. The Commission also determined that the agreement contained all the necessary terms and conditions of employment, and that it was fair and reasonable. The Commission was satisfied that the agreement complied with the relevant industrial laws and was in the best interests of the employees.

As a result, the Commission approved the Kew Swimming Pools Single Enterprise Agreement 2018 as a single enterprise agreement. The agreement will now be registered with the Fair Work Commission and will apply to the employees of Kew Swimming Pools.

The Trustee for The Neish-King Family Trust T/A Kew Swimming Pools

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established