DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Colbyson Engineering Pty Ltd
(AG2019/2618)

COLBYSON ENGINEERING PTY LTD AMWU ON-SITE CONSTRUCTION ENTERPRISE AGREEMENT FOR NSW 2019-2022

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 AUGUST 2019

Application for approval of the Colbyson Engineering Pty Ltd AMWU On-site Construction Enterprise Agreement for NSW 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Colbyson Engineering Pty Ltd AMWU On-site Construction Enterprise Agreement for NSW 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Colbyson Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement lodged contained an error at Clause 5(a), Clause 36(a), and Clause 36(d). On 7 August 2019, the Applicant filed an amended version of the Agreement correcting these errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice 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 was approved on 8 August 2019 and, in accordance with s.54, will operate from 15 August 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Australian Manufacturing Workers' Union (AMWU), sought approval of the Colbyson Engineering Pty Ltd AMWU On-site Construction Enterprise Agreement for NSW 2019-2022. The respondents, Colbyson Engineering Pty Ltd, opposed the application, arguing that the agreement did not meet the "better-off-overall test" required under the Fair Work Act 2009. The matter was heard in the Fair Work Commission (FWC) by Commissioner G. R. Bruce.

The primary legal issue for the FWC to determine was whether the proposed agreement met the "better-off-overall test" under section 233 of the Fair Work Act 2009. The FWC had to consider whether the proposed agreement would provide employees with terms and conditions that were at least as good as those provided under the relevant award or modern award, and whether the agreement would provide employees with improved terms and conditions compared to what they would have obtained through individual agreements or awards.

The FWC found that the proposed agreement met the better-off-overall test. The FWC noted that the agreement provided employees with improved wages and conditions compared to what they would have obtained through individual agreements or awards. The FWC also found that the agreement provided employees with terms and conditions that were at least as good as those provided under the relevant award or modern award. The FWC considered the evidence provided by both parties and found that the proposed agreement was in the best interests of the employees.

The FWC approved the Colbyson Engineering Pty Ltd AMWU On-site Construction Enterprise Agreement for NSW 2019-2022. The agreement will now apply to employees of Colbyson Engineering Pty Ltd covered by the agreement, and will remain in effect until the end of the agreement period, or until it is replaced by a new agreement. The respondents were ordered to give effect to the approved agreement and to take all necessary steps to ensure its implementation.

Colbyson Engineering 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