DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Colan Products Pty Ltd T/A Colan Australia
(AG2016/1286)

COLAN PRODUCTS PTY LIMITED ENTERPRISE AGREEMENT 2016

Textile industry
COMMISSIONER ROE	SYDNEY, 13 JULY 2016

Application for approval of the Colan Products Pty Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Colan Products Pty Limited Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Colan Products Pty Ltd T/A Colan 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. 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] 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 Textile, Clothing and Footwear Union of Australia 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.

[6] The Agreement was approved on 13 July 2016 and, in accordance with s.54, will operate from 20 July 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Colan Products Pty Ltd, trading as Colan Australia, applied for the approval of the Colan Products Pty Limited Enterprise Agreement 2016. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement provided for the fair and reasonable terms of employment, and if it complied with the requirements of the Fair Work Act. Specifically, the Commission needed to consider whether the agreement adequately covered all employees and bargaining units, and if it allowed for appropriate dispute resolution mechanisms.

In its decision, the Commission noted that the agreement was comprehensive and covered all relevant employees and bargaining units. It found that the agreement provided for fair and reasonable terms of employment, including provisions for wages, hours of work, and other conditions. The Commission also determined that the dispute resolution mechanisms provided in the agreement were adequate and in line with the requirements of the Fair Work Act. Based on these findings, the Commission approved the application for the Colan Products Pty Limited Enterprise Agreement 2016.

Colan Products Pty Ltd T/A Colan Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established