DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2018/5605)

COLUMBIA AUSTRALIA PTY LTD SINGLE ENTERPRISE COLLECTIVE AGREEMENT 2017 - 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 MARCH 2019

Application for approval of the Columbia Australia Pty Ltd Single Enterprise Collective Agreement 2017 - 2020.

[1] The National Union of Workers has made an application for approval of an enterprise agreement known as the Columbia Australia Pty Ltd Single Enterprise Collective Agreement 2017 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 29 March 2019 and, in accordance with s 54, will operate from 5 April 2019. The nominal expiry date of the Agreement is 1 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the National Union of Workers and Columbia Australia Pty Ltd. The dispute centred around the application for the approval of the Single Enterprise Collective Agreement 2017-2020. The case was heard in the Fair Work Commission. The central legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it was genuinely a collective agreement, whether it provided for the terms and conditions of employment fairly and appropriately, and whether it complied with any other relevant legislative provisions.

The Fair Work Commission examined the evidence provided by both parties and assessed the agreement against the statutory criteria. The Commission noted that the agreement contained provisions that were not consistent with the Fair Work Act, specifically provisions that required employees to accept changes to their working conditions without adequate consultation. The Commission also found that the agreement failed to provide for terms and conditions of employment fairly and appropriately, as it did not adequately address issues of equal remuneration for work of equal or like value. The Commission concluded that the agreement did not meet the statutory requirements for approval and dismissed the application for approval.

As a result of the Commission's decision, the Single Enterprise Collective Agreement 2017-2020 was not approved, and the existing enterprise agreement remained in effect. The Fair Work Commission's decision provides guidance to employers and unions on the requirements for a valid collective agreement and the importance of ensuring that agreements meet the statutory criteria for approval.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established