DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cord Civil Pty Ltd
(AG2016/2210)

CORD CIVIL PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 FEBRUARY 2016

Application for approval of the Cord Civil Pty Ltd and Employees Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Cord Civil Pty Ltd and Employees Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cord Civil Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union, 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cord Civil Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The enterprise agreement was between Cord Civil and its employees. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and whether it was in the interests of the employees. The Fair Work Commission was the court that heard the case.

The legal issues the court needed to decide were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, and whether the agreement was in the best interests of the employees. The court needed to determine if the agreement was free from any prohibited content, whether the agreement was genuinely negotiated, and if the agreement met the requirements of the "better off overall test".

The court found that the enterprise agreement was free from prohibited content, was genuinely negotiated, and met the requirements of the "better off overall test". The court was satisfied that the agreement was in the best interests of the employees, as it provided for a number of benefits, including increased wages, improved working conditions, and better dispute resolution processes. The court approved the enterprise agreement, and it came into effect on 1 July 2016.

The Fair Work Commission approved the Cord Civil Pty Ltd and Employees Enterprise Agreement 2016-2020. The agreement was found to comply with the Fair Work Act 2009 and was in the best interests of the employees. The agreement provided for a number of benefits, including increased wages, improved working conditions, and better dispute resolution processes.

Cord Civil Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established