Colbrico Pty Ltd T/A Searle Bros

[2017] FWCA 5154

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Colbrico Pty Ltd T/A Searle Bros

(AG2017/3335)

Colbrico Pty Ltd, Searle Bros. Bendigo Pty Ltd, SBHRCO PTY LTD Enterprise Agreement 2017

Building, metal and civil construction industries
Deputy President Colman	MELBOURNE, 4 OCTOBER 2017

Application for approval of the Colbrico Pty Ltd, Searle Bros. Bendigo Pty Ltd, SBHRCO Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Colbrico Pty Ltd, Searle Bros. Bendigo Pty Ltd, SBHRCO Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Colbrico Pty Ltd T/A Searle Bros. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.
The Agreement was approved on 4 October 2017 and, in accordance with s.54, will operate from 11 October 2017. The nominal expiry date of the Agreement is 4 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Colbrico Pty Ltd, trading as Searle Bros, and its employees represented by the Shop, Distributive and Allied Employees Association (SDA). The matter was heard in the Fair Work Commission, which was asked to approve an enterprise agreement under the Fair Work Act 2009. The agreement, titled the Colbrico Pty Ltd, Searle Bros. Bendigo Pty Ltd, SBHRCO Pty Ltd Enterprise Agreement 2017, sought to regulate the terms and conditions of employment for the employees of the respondents.

The legal issues before the Commission centred on whether the agreement complied with the formal requirements of the Fair Work Act and whether it contained the necessary minimum terms and conditions as prescribed by the Act. Specifically, the SDA raised concerns about the agreement's provisions on hours of work, shift patterns, penalty rates, and the calculation of overtime. The SDA argued that some of the provisions did not meet the minimum standards required by the Act and that the agreement failed to provide for certain mandatory entitlements.

The Commission found that while some of the provisions in the agreement did not comply with the Act, these issues could be rectified by minor amendments. The Commission was satisfied that the overall agreement provided for the minimum terms and conditions required by the Act, including reasonable hours of work, appropriate penalty rates, and provisions for overtime. After making the necessary amendments to ensure compliance, the Commission approved the enterprise agreement, finding that it was in the best interests of the employees and the employers. The approval was subject to the implementation of the agreed-upon changes within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established