Cord Civil Pty Ltd

[2020] FWCA 1882

[2020] FWCA 1882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cord Civil Pty Ltd
(AG2020/610)

CORD CIVIL PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 9 APRIL 2020

Application for approval of the Cord Civil Pty Ltd and Employees Enterprise Agreement 2020-2024.

[1] Cord Civil Pty Ltd has applied for approval of a single enterprise agreement known as the Cord Civil Pty Ltd and Employees Enterprise Agreement 2020-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and the Agreement contravenes s.55 of the Act. Further information was provided in relation to these concerns.

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representatives did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[4] On an overall assessment of the identified benefits and detriments of the Agreement, and having regard to the further information, evidence and Undertaking provided, I consider that the employees and prospective employees to be covered are better off overall under the Agreement than if the relevant reference instrument(s) applied.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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 Agreement was approved on 9 April 2020 and, in accordance with s.54, will operate from 16 April 2020. The nominal expiry date of the Agreement is 9 April 2024.

DEPUTY PRESIDENT

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Annexure A