DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5270)

COPPE BROS CLASS TRUST T/AS COPPE BROS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 AUGUST 2016

Application for approval of the Coppe Bros Class Trust T/As Coppe Bros Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Coppe Bros Class Trust T/As Coppe Bros Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -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, 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, 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 7 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of an enterprise agreement between the Coppe Bros Class Trust, trading as Coppe Bros Pty Ltd, and the CFMEU (Victorian Construction and General Division). The dispute arose from the negotiation and subsequent approval of the enterprise agreement, which was set to govern employment conditions for employees within the specified period. The Commission was tasked with ensuring the agreement met all legal standards for enterprise agreements under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement complied with the requirements for an enterprise agreement, including provisions for employee representation, procedural fairness in the bargaining process, and whether it met the "better off overall test." The Commission had to scrutinise the negotiation process, ensuring that all parties had a genuine opportunity to participate and that the agreement provided at least the minimum entitlements set out in the relevant award.

In its decision, the Commission examined the evidence presented regarding the negotiation process and the terms of the agreement. It found that the union and the employer had engaged in good faith negotiations, and that the agreement provided for fair representation of employees. The Commission also determined that the agreement met the better off overall test, as it provided employees with improved conditions and protections compared to their previous award entitlements. Consequently, the Commission approved the enterprise agreement, recognising its compliance with all statutory requirements.

The Fair Work Commission approved the Coppe Bros Class Trust T/As Coppe Bros Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, affirming its compliance with the Fair Work Act 2009. The decision highlights the importance of fair and genuine negotiations in the formation of enterprise agreements and the need for these agreements to meet the better off overall test.

Construction, Forestry, 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