DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Colas Western Australia Pty Ltd T/A Colas Australia Group Pty Ltd
(AG2018/3549)

COLAS WA ENTERPRISE AGREEMENT 2018

Asphalt industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 OCTOBER 2018

Application for approval of the Colas WA Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Colas WA Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Colas Western Australia Pty Ltd T/A Colas Australia Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2018. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Colas Western Australia Pty Ltd, trading as Colas Australia Group Pty Ltd, applied for approval of the Colas WA Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The application followed the process under section 230 of the Act, which mandates the approval of enterprise agreements before they can take effect.

The central legal issues before the Commission involved the validity of the agreement, including whether it complied with the provisions of the Act and Regulations. Key considerations included whether the agreement provided for minimum entitlements, allowed for fair and reasonable terms, and had been made in good faith. The Commission also examined whether the agreement contained appropriate dispute resolution mechanisms and if the required procedural fairness was observed during the agreement's development.

The Commission found that the Colas WA Enterprise Agreement 2018 complied with the statutory requirements. It provided for minimum entitlements, was reasonably fair, and had been made in good faith. The agreement included appropriate dispute resolution procedures and demonstrated that the necessary procedural fairness was observed. Consequently, the Commission approved the agreement, enabling it to be registered and enforced.

The final order was that the Colas WA Enterprise Agreement 2018 was approved for registration and enforcement, effective from the date of the decision. This approval allowed the agreement to operate as a legally binding contract between Colas Western Australia Pty Ltd and its employees, providing the framework for their employment terms and conditions.

Colas Western Australia Pty Ltd T/A Colas Australia Group 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