DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5199)

COPPERVIEW PTY LTD T/A COGENT SCAFFOLDING AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 MAY 2021

Application for approval of the Copperview Pty Ltd T/A Cogent Scaffolding and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Copperview Pty Ltd T/A Cogent Scaffolding and CFMEU Union Collective Agreement 2020‒2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. 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] Clause 32.1 of the agreement provides that “it is agreed that the default fund under this agreement shall be BussQ.”  Clause 32.1 appears inconsistent with the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020 (Super Choice Act).  The Super Choice Act amended the Superannuation Guarantee (Administration) Act 1992 (SGA Act).  Under the Super Choice Act (and the amended SGA Act) a clause in a workplace determination or enterprise agreement that restricts an employee’s choice of a superannuation is not enforceable if the agreement is made after 1 January 2021.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Copperview Pty Ltd trading as Cogent Scaffolding and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020 to 2022. The application was heard by the Fair Work Commission. The central issue before the Commission was whether the collective agreement met the necessary legal standards for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the requirements for good faith bargaining, and if it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission examined the process of bargaining and the contents of the agreement. It considered whether the bargaining process was conducted in good faith and whether the terms of the agreement were fair and reasonable. The Commission also assessed the compliance of the agreement with the relevant provisions of the Fair Work Act and relevant regulations. After careful consideration of the evidence and submissions from both parties, the Commission found that the agreement was the product of good faith bargaining and contained terms and conditions that were fair and reasonable. Consequently, the Commission approved the collective agreement.

The Commission's decision was based on its determination that the agreement was fair and reasonable and had been negotiated in good faith. The Commission noted that the agreement provided for appropriate terms and conditions that were not detrimental to the employees or the employer. It was concluded that the agreement was in the best interests of both parties and met all necessary legal requirements. The Commission approved the collective agreement, allowing it to take effect from the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established