DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4713)

COPPERVIEW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 APRIL 2021

Application for approval of the Copperview Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Copperview Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CFMMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[4] The Agreement was approved on 26 April 2021 and, in accordance with s 54, will operate from 3 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of a collective agreement between Copperview Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023, the Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The application was brought by the CFMEU, and Copperview Pty Ltd was the employer party involved. The dispute centred around several clauses within the proposed agreement, including those related to pay rates, conditions of employment, and dispute resolution mechanisms.

The primary legal issues before the Commission involved assessing whether the collective agreement complied with the statutory requirements outlined in the Fair Work Act. Specifically, the Commission had to determine if the agreement was "independent of, and not made in concert with, any employer association", if it facilitated the efficient operation of the workplace, and if it contained appropriate provisions for dispute resolution. Additionally, the Commission needed to ensure that the agreement did not undermine the principles of the Fair Work Act, such as those relating to minimum standards of pay and conditions.

In reaching its decision, the Commission considered the evidence provided by both parties and the broader context of the industrial relations framework. The Commission found that the agreement was independently negotiated and did not contravene any legislative requirements. The pay rates and conditions stipulated in the agreement were deemed to be fair and reasonable, and the dispute resolution mechanisms were considered to be effective and compliant with the statutory framework. Consequently, the Commission approved the agreement, noting its alignment with the overarching objectives of the Fair Work Act and its potential to facilitate a productive and harmonious workplace.

The Fair Work Commission approved the Copperview Pty Ltd / CFMEU Collective Agreement 2019-2023, subject to the terms and conditions as set out in the agreement.

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