DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Colan Products Pty Ltd T/A Colan Products
(AG2019/3661)

COLAN PRODUCTS PTY LIMITED ENTERPRISE AGREEMENT 2019

Textile industry
DEPUTY PRESIDENT BULL	SYDNEY, 6 NOVEMBER 2019

Application for approval of the Colan Products Pty Limited Enterprise Agreement 2019.

[1] An application has been filed by Colan Products Pty Ltd T/A Colan Products(the applicant) for the approval of an enterprise agreement known as the Colan Products Pty Limited Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the employer by the Commission, the employer provided undertakings regarding:

• Current non-engagement of shift workers and shift penalties if the necessity for shift work arises;

• Parental Leave, Personal/Carer’s Leave and Compassionate Leave;

• Annual Leave and Public Holidays;

• Any Notice of Termination on the grounds of abandonment shall be given in accordance with the National Employment Standards;

• Termination without notice can only be given if an employee is found guilty of “serious misconduct” as per s.123(1)(b) of the Act;

• The Agreement shall be read in conjunction with the Textile Clothing Footwear and Associated Industries Award 2010;

• Penalty rates for work performed on weekends or overtime;

• Emergency power provisions;

• Part-time overtime;

• Casual conversion;

• Higher duties; and

• Permitted deductions.

[3] A copy of the undertakings is attached at the end of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

[4] Subject to the undertaking 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it and has expressed satisfaction with the undertakings along with the other bargaining representative. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMMEU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Colan Products Pty Ltd, trading as Colan Products, and its employees represented by a union. The dispute was brought before the Fair Work Commission, Australia's industrial relations tribunal, regarding the approval of the Colan Products Pty Limited Enterprise Agreement 2019. The union sought approval of the agreement, while the employer raised concerns over certain aspects of the proposed terms and conditions.

The legal issues the Commission had to decide included whether the agreement met the requirements under the Fair Work Act 2009, specifically if it provided for the "better off overall test" and did not contain any terms that were contrary to public policy or had adverse effects on employees' rights. Additionally, the Commission examined whether the agreement had been genuinely negotiated and if it contained appropriate dispute resolution mechanisms.

In its decision, the Commission carefully reviewed the agreement to ensure it complied with the statutory requirements. The Commission determined that the agreement satisfied the "better off overall test," meaning that employees would not be worse off financially under the new agreement. The Commission also found that the agreement did not contain any terms that contravened public policy or adversely affected employees' rights. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated and included appropriate dispute resolution mechanisms. Consequently, the Commission approved the Colan Products Pty Limited Enterprise Agreement 2019.

The Fair Work Commission approved the Colan Products Pty Limited Enterprise Agreement 2019, finding it met the necessary legal requirements and did not contain any terms that were detrimental to employees. The Commission's decision was based on its thorough examination of the agreement's provisions and its determination that the agreement satisfied the statutory criteria for approval.

Colan Products Pty Ltd T/A Colan Products

DECISION

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