Colsha Constructions Pty Ltd

[2016] FWCA 999

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Colsha Constructions Pty Ltd T/A Colsha Constructions

(AG2016/2082)

COLSHA CONSTRUCTIONS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 16 FEBRUARY 2016

Application for approval of the COLSHA CONSTRUCTIONS Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

COLSHA CONSTRUCTIONS Enterprise Agreement 2015 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Colsha

Constructions Pty Ltd T/A Colsha Constructions. 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 was approved on 16 February 2016 and, in accordance with s.54, will

operate from 23 February 2016. The nominal expiry date of the Agreement is 16 February

2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Colsha Constructions Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement known as the COLSHA CONSTRUCTIONS Enterprise Agreement 2015. The application for approval was made by Colsha Constructions Pty Ltd under section 185 of the Fair Work Act 2009. The agreement in question was a single enterprise agreement for the building, metal, and civil construction industries. The Commission's role was to ensure that the agreement met the requirements outlined in sections 186, 187, and 188 of the Act.

The legal issues before the Commission included verifying whether the agreement was made in good faith, whether it complied with the statutory requirements for enterprise agreements, and whether it met the criteria for being a "single" enterprise agreement. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees and the employer. After reviewing the application and relevant documentation, the Commission was satisfied that all necessary conditions were met.

The Commission found that the COLSHA CONSTRUCTIONS Enterprise Agreement 2015 was made in good faith and met all statutory requirements. The agreement was deemed to be a single enterprise agreement, as it related to the building, metal, and civil construction industries. The Commission also found that the agreement was in the best interests of both the employees and the employer. Consequently, the Commission approved the agreement on 16 February 2016. The agreement was set to operate from 23 February 2016 and would expire on 16 February 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established