DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S & J Cordell Family Trust T/As SJ Cordell Pty Ltd
(AG2020/982)

S.J. CORDELL PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 APRIL 2020

Application for approval of the S.J. Cordell Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the S.J. Cordell Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 (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/As SJ Cordell 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.

[3] The Construction, Forestry, Maritime, 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 is approved and, in accordance with s.54 of the Act, will operate from 28 April 2020. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the S & J Cordell Family Trust trading as S.J. Cordell Pty. Ltd., and the respondents, the CFMEU (Victorian Construction and General Division), appeared before the Fair Work Commission in a dispute over the approval of the S.J. Cordell Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The applicants sought approval of the agreement under section 231 of the Fair Work Act 2009, while the respondents raised concerns regarding the agreement's provisions.

The primary legal issue before the court was whether the Enterprise Agreement met the criteria for approval under section 230 of the Fair Work Act 2009. This required the court to consider whether the agreement provided for fair and reasonable terms and conditions, was consistent with the principles of the Act, and did not unfairly discriminate against employees. The court also needed to determine if the agreement was genuinely negotiated and whether it complied with any relevant awards or other industrial instruments.

In assessing the agreement, the court examined the negotiation process and the content of the agreement. The applicants demonstrated that the agreement was the result of genuine negotiations and that it was not imposed on the employees. The court also found that the agreement was consistent with the principles of the Act and did not unfairly discriminate against employees. Furthermore, the court considered the agreement's provisions in light of relevant awards and other industrial instruments, concluding that it complied with all relevant legal requirements. Based on this assessment, the court approved the Enterprise Agreement, finding that it met all the necessary criteria for approval.

The final orders of the court were that the S.J. Cordell Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 be approved under section 231 of the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission and would come into effect on the date of registration. The court's decision provides clarity for both parties and ensures that the agreement is legally binding and enforceable.

S & J Cordell Family Trust T/As 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