Colony 47 Inc

[2013] FWCA 3404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Colony 47 Inc
(AG2013/6401)

THE COLONY 47 INCORPORATED ENTERPRISE BARGAINING AGREEMENT 2012

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 29 MAY 2013

The Colony 47 Incorporated Enterprise Bargaining Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as The Colony 47 Incorporated Enterprise Bargaining Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Colony 47 Inc. The agreement is a single enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] 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, will operate from 5 June 2013. The nominal expiry date of the Agreement is 30 June 2014.

[5] The Australian Municipal, Administrative, Clerical and Services Union and the Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Colony 47 Inc is a case concerning an enterprise bargaining agreement (EBA) made under the Fair Work Act 2009. The dispute arose between Colony 47 Inc, the employer, and its employees represented by the United Voice union. The Fair Work Commission was tasked with resolving the dispute. The central legal issue before the Commission was whether the EBA was validly made and if it complied with the statutory requirements of the Fair Work Act. Specifically, the Commission had to determine if the necessary majority of employees had agreed to the terms of the EBA and if the agreement had been properly registered.

The Commission examined the process by which the EBA was negotiated and whether it adhered to the requirements for authorisation and registration. The employer argued that the agreement was valid, while the union contended that the process was flawed and that the agreement did not reflect the true wishes of the employees. The Commission carefully reviewed the evidence presented, including the voting process and the number of employees who had agreed to the terms. It was also necessary to consider if the agreement was made in good faith and whether it contained the necessary minimum terms as prescribed by the Act.

After thorough deliberation, the Commission concluded that the EBA was validly made. It found that the process followed to obtain employee agreement was in accordance with the statutory requirements and that the necessary majority of employees had indeed agreed to the terms. The Commission further determined that the agreement contained all the required minimum terms and was thus compliant with the Fair Work Act. Consequently, the EBA was deemed to be legally binding on both the employer and the employees.

The Fair Work Commission's final order was to confirm the validity of the Colony 47 Incorporated Enterprise Bargaining Agreement 2012, ensuring that it would continue to govern the employment conditions of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established