DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Colasante Group Pty Ltd T/A Colasante Electrical
(AG2019/1001)

COLASANTE GROUP PTY LTD VICTORIAN ELECTRICAL CONTRACTING EMPLOYEE ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER BISSETT	MELBOURNE, 29 MAY 2019

Application for approval of the Colasante Group Pty Ltd Victorian Electrical Contracting Employee Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Colasante Group Pty Ltd Victorian Electrical Contracting Employee Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Colasante Group Pty Ltd T/A Colasante Electrical. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Colasante Group Pty Ltd, trading as Colasante Electrical, sought approval for the Victorian Electrical Contracting Employee Enterprise Agreement 2018 - 2021. The application was heard by the Fair Work Commission. The dispute centred on whether the proposed agreement met the criteria for approval as stipulated in the Fair Work Act 2009. The Commission was tasked with assessing the agreement's compliance with various legal requirements, including provisions regarding employee entitlements, dispute resolution mechanisms, and procedural fairness.

The primary legal issues revolved around whether the agreement adequately addressed employee conditions, if the dispute resolution processes were fair and efficient, and if the consultation process complied with legislative requirements. Additionally, the Commission examined if the agreement contained any terms that were contrary to public policy or contrary to the spirit of the Fair Work Act. The applicant needed to demonstrate that the agreement was not only fair and reasonable but also consistent with the legislative framework.

The Fair Work Commission determined that the agreement largely met the necessary criteria for approval. The Commission found that the proposed terms and conditions were fair and reasonable, and the dispute resolution processes were appropriate and accessible. While there were minor procedural shortcomings in the consultation process, these were not considered to significantly impact the fairness of the agreement. Consequently, the Commission approved the Colasante Group Pty Ltd Victorian Electrical Contracting Employee Enterprise Agreement 2018 - 2021. The approval was contingent upon the applicant rectifying any minor procedural deficiencies within a specified timeframe.

Colasante Group Pty Ltd T/A Colasante Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established