Colas Western Australia Pty Ltd

[2022] FWCA 1681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Colas Western Australia Pty Ltd

(AG2022/1270)

Colas WA Single Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 MAY 2022

Application for approval of the Colas WA Single Enterprise Agreement 2022

Colas Western Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Colas WA Single Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 20 May 2022 and, in accordance with s 54, will operate from 27 May 2022. The nominal expiry date of the Agreement is 20 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Colas Western Australia Pty Ltd to have the Colas WA Single Enterprise Agreement 2022 approved. The application was made under section 231 of the Fair Work Act 2009. The dispute centred around whether the agreement complied with the procedural and substantive requirements set out in the legislation.

The legal issues before the Commission were whether the agreement was made in good faith and whether it had been properly negotiated. Additionally, the Commission had to determine if the agreement met the criteria for being a single enterprise agreement and if it complied with the provisions regarding minimum entitlements. The fairness of the agreement and its alignment with the Fair Work Act's objectives were also scrutinized.

The Commission found that the agreement was made in good faith and that the negotiation process was fair and appropriate. It was determined that the agreement met the criteria for a single enterprise agreement and complied with the relevant provisions of the Fair Work Act. The agreement was found to be fair and balanced, providing for appropriate minimum entitlements for the employees covered by it. The Commission concluded that the application should be approved, as the agreement met all the necessary legal requirements.

The Commission approved the Colas WA Single Enterprise Agreement 2022. The decision was made on the basis that the agreement was fairly negotiated, met all the statutory criteria, and did not contravene the provisions of the Fair Work Act. The approval of the agreement was in line with the objectives of the Act, ensuring fair and effective workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established