DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/980)

COPPERVIEW PTY LTD T/AS COGENT SCAFFOLDING (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 APRIL 2019

Application for approval of the Copperview Pty Ltd T/As Cogent Scaffolding (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Copperview Pty Ltd T/As Cogent Scaffolding (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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] 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 19 April 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Copperview Pty Ltd T/As Cogent Scaffolding, regarding the approval of the Union Collective Agreement 2018. The primary dispute centred on the terms of the agreement, specifically whether they complied with relevant industrial laws and provided fair terms for both the union and the employer. The Fair Work Commission, with its jurisdiction under the Fair Work Act 2009, was tasked with examining the agreement to determine its validity and fairness.

The legal issues at the core of this case involved assessing whether the collective agreement met the statutory requirements set out in the Fair Work Act 2009, particularly those concerning the protection of employees' rights and the establishment of fair working conditions. The commission needed to evaluate the agreement's provisions concerning wages, hours of work, leave entitlements, and other terms and conditions. Furthermore, the court had to consider if the agreement appropriately balanced the interests of both the union and the employer, ensuring that it did not unfairly disadvantage either party.

In its decision, the Fair Work Commission examined the collective agreement in detail, focusing on its compliance with the statutory framework. The commission assessed the fairness of the terms proposed, considering the implications for both employees and employers. The court found that while the agreement contained some provisions that could potentially be improved for better alignment with industrial laws, it did not contain any significant breaches that would render it invalid. The commission approved the agreement, subject to certain modifications to ensure full compliance with the Fair Work Act 2009. This decision balanced the need for fair working conditions with the interests of both the union and the employer.

The final orders included the approval of the Union Collective Agreement 2018, with specific modifications to certain clauses to ensure compliance with the Fair Work Act 2009. These modifications were aimed at addressing any minor deficiencies identified during the review process. The commission's decision provided clarity on the terms that would govern the employment relationship under the agreement, ensuring that both parties could proceed with confidence in the fairness and legality of 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