DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S & J Cordell Family Trust T/A SJ Cordell Pty Ltd
(AG2019/2292)

CREATING SOLUTIONS TOGETHER AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 AUGUST 2019

Application for approval of the Creating Solutions Together Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Creating Solutions Together Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by S & J Cordell Family Trust T/A SJ Cordell Pty Ltd. 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, 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. 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.

[4] The Agreement lodged contained an error at clause 16.1. On 5 August 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] I observe that clause 19.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 5 August 2019 and, in accordance with s.54, will operate from 12 August 2019. The nominal expiry date of the Agreement is 5 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

S & J Cordell Family Trust T/A SJ Cordell Pty Ltd, represented by the trustee, applied to the Federal Circuit and Family Court of Australia for the approval of the Creating Solutions Together Agreement 2019, which had been negotiated as part of the enterprise bargaining process. The agreement sought to establish terms and conditions of employment for employees of the applicant company, and included provisions related to pay rates, working hours, and other employment-related matters. The dispute centred on whether the agreement complied with the relevant legislative framework and whether it was in the best interests of the employees.

The court was required to determine if the agreement met the criteria set out in the Fair Work Act 2009, including whether it was a genuine enterprise agreement, whether it had been appropriately negotiated, and whether it complied with the provisions of the Act. The court also needed to consider whether the agreement was in the best interests of the employees, taking into account factors such as the likely effect of the agreement on the employees' working conditions and the overall fairness of the agreement.

In its decision, the court found that the Creating Solutions Together Agreement 2019 was a genuine enterprise agreement that had been appropriately negotiated and complied with the relevant provisions of the Fair Work Act 2009. The court determined that the agreement was in the best interests of the employees, as it provided for reasonable and fair terms and conditions of employment, including provisions related to pay rates, working hours, and other employment-related matters. The court approved the agreement, and the applicant company was authorised to implement the terms and conditions set out in the agreement for its employees.

S & J Cordell Family Trust T/A SJ Cordell 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