Colas Queensland Pty Ltd; Colas New South Wales Pty Ltd; Colas Solutions Pty Ltd

[2022] FWCA 429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Colas Queensland Pty Ltd; Colas New South Wales Pty Ltd; Colas Solutions Pty Ltd

(AG2021/9059)

Colas East Coast Single Enterprise Agreement 2021-2024

Asphalt industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 FEBRUARY 2022

Application for variation of the Colas East Coast Single Enterprise Agreement 2021-2024

An application has been made for approval of a variation to the Colas East Coast Single Enterprise Agreement 2021-2024 (the Agreement). The application was made by Colas Queensland Pty Ltd; Colas New South Wales Pty Ltd; Colas Solutions Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 10 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Colas Queensland Pty Ltd, Colas New South Wales Pty Ltd, and Colas Solutions Pty Ltd sought to vary the Colas East Coast Single Enterprise Agreement 2021-2024, which governed the employment terms of its employees. The applicant employers argued that the variation was necessary due to significant economic and operational challenges. The Fair Work Commission heard the application and was tasked with determining whether the proposed variation was justified under the Fair Work Act 2009. The central legal issue was whether the proposed changes were necessary to maintain the economic viability of the business and to adapt to the current economic conditions. The Commission had to consider whether the variation was in the interests of the business, taking into account factors such as the financial health of the company and the impact on employees. The Commission found that the proposed variation was justified, as it was necessary to ensure the continued operation of the business and to protect jobs. The Commission concluded that the economic challenges faced by the business warranted the changes proposed, and that the variation would not have an adverse effect on the employees' conditions. The Fair Work Commission granted the application for variation, allowing the employers to implement the changes to the enterprise agreement. This decision recognised the need for flexibility in employment agreements to address significant economic challenges while also protecting the interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established