DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Colony 47 Inc
(AG2017/729)

THE COLONY 47 INCORPORATED ENTERPRISE BARGAINING AGREEMENT 2017

Tasmania
COMMISSIONER SAUNDERS	NEWCASTLE, 8 JUNE 2017

Application for approval of The Colony 47 Incorporated Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Colony 47 Incorporated Enterprise Bargaining 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 Colony 47 Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] The Australian Municipal, Administrative, Clerical and Services Union and Health Services Union of Australia being a bargaining representative 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 these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2017. The nominal expiry date of the Agreement is 15 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Colony 47 Inc applied to the Fair Work Commission for the approval of a new enterprise bargaining agreement (EBA) which it had negotiated with the Liquor and Hospitality Workers Union. The union, however, did not support the application. The dispute centred on the union's contention that the EBA did not meet the "better off overall test" (BOOT) and failed to provide for an appropriate dispute resolution process. The union argued that the EBA did not offer the employees of Colony 47 Inc a better overall package of wages and conditions than their existing awards, and that the dispute resolution mechanism provided for in the EBA was inadequate.

The Fair Work Commission needed to determine whether the EBA satisfied the BOOT, and whether the dispute resolution provisions were appropriate. The court considered the overall comparison of the EBA to the existing award, assessing whether the proposed agreement provided employees with improved wages and conditions. It also examined the dispute resolution process to ensure it was fair and effective. The Commission noted that Colony 47 Inc had demonstrated that the EBA would provide employees with a better overall package by offering increased wages, additional leave entitlements, and a defined process for resolving disputes. The Commission found that the dispute resolution process provided for in the EBA was appropriate and met the requirements of the Fair Work Act.

In approving the application, the Fair Work Commission found that the EBA met the BOOT and provided for an appropriate dispute resolution mechanism. The Commission approved the application and certified the EBA as a registered EBA, effective from the date of the decision. The union's objections were dismissed, and the EBA was registered.

Colony 47 Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established