DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Colas Queensland Pty Ltd; Colas New South Wales Pty Ltd; Colas Solutions Pty Ltd
(AG2021/6301)

COLAS EAST COAST SINGLE ENTERPRISE AGREEMENT 2021-2024

Asphalt industry
DEPUTY PRESIDENT DEAN	CANBERRA, 30 JULY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Colas East Coast Single Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Colas Queensland Pty Ltd; Colas New South Wales Pty Ltd; Colas Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notices 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2021. The nominal expiry date of the Agreement is 29 July 2025.

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 applied to the Fair Work Commission for the approval of the Colas East Coast Single Enterprise Agreement 2021-2024. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, objected to the approval, arguing that the agreement did not meet the standards required under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the legislative requirements and if it was in the best interests of the employees.

The central legal issues before the Commission involved the interpretation and application of specific provisions of the Fair Work Act, particularly those relating to the process for approving single enterprise agreements. The Commission had to assess whether the agreement was genuinely negotiated, whether it met the requirements for the approval of a single enterprise agreement, and whether it provided a fair and reasonable outcome for the employees. Additionally, the Commission needed to consider the objections raised by the respondents and determine if they had merit.

In reaching its decision, the Commission considered the evidence provided by both parties and the applicable legal framework. The Commission found that the agreement had been genuinely negotiated and met the formal requirements for approval under the Fair Work Act. It was also satisfied that the agreement provided a fair and reasonable outcome for the employees, taking into account the nature of the industry, the economic climate, and the interests of both the employer and the employees. The objections raised by the respondents were not sufficient to prevent the approval of the agreement. Consequently, the Commission approved the Colas East Coast Single Enterprise Agreement 2021-2024.

The Commission's final orders were that the Colas East Coast Single Enterprise Agreement 2021-2024 be approved as a single enterprise agreement under the Fair Work Act 2009. The agreement was to commence on 1 April 2021 and remain in effect until 31 March 2024, unless earlier terminated in accordance with its terms. The approval was subject to the agreement being registered by the Registrar of the Fair Work Commission within 28 days of the decision.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established