DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2758)

COPPERVIEW PTY LTD T/AS COGENT SCAFFOLDING AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 JULY 2018

Application for approval of the Copperview Pty Ltd T/As Cogent Scaffolding and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Copperview Pty Ltd T/As Cogent Scaffolding and CFMMEU Union Collective Agreement 2018-2019 (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 13 July 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of a collective agreement with Copperview Pty Ltd trading as Cogent Scaffolding. The union sought to have the agreement, which outlined terms and conditions of employment for its members, formally recognised under the Fair Work Act 2009. The dispute arose from Copperview Pty Ltd’s refusal to recognise the agreement, prompting the union to seek the Commission’s intervention to enforce the terms.

The legal issues before the Commission centred on whether the collective agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained all mandatory terms, was free from any prohibited content, and if it had been genuinely negotiated by the parties. The union argued that the agreement was comprehensive and fairly negotiated, while Copperview Pty Ltd contended that certain provisions were not appropriately bargained and contained terms that were not permissible under the Act.

The Commission, after reviewing the evidence and submissions from both parties, found that the agreement was genuinely negotiated and did not include any prohibited content. It determined that the agreement was sufficiently detailed to meet the mandatory terms requirements, and that there were no issues with the content or negotiation process that would prevent its approval. The Commission concluded that the union had met its burden of proof and approved the collective agreement, thereby ensuring that the terms and conditions outlined in the agreement would apply to the employees of Copperview Pty Ltd. This decision provides clarity and legal certainty for both the union and the employer regarding the terms of employment moving forward.

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