DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6795)

COPPERVIEW PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 DECEMBER 2015

Application for approval of the Copperview Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Copperview Pty Ltd and CFMEU Union Collective Agreement 2015 - 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 7 December 2015 and, in accordance with s.54, will operate from 14 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between Copperview Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was made to the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The CFMEU sought to have the agreement, which included provisions for wages, conditions, and dispute resolution mechanisms, approved to ensure the rights and interests of its members were adequately protected.

The primary legal issue before the Commission was whether the collective agreement complied with the statutory requirements set forth in the Fair Work Act, particularly in relation to the bargaining process and the content of the agreement. The Commission had to assess whether the agreement was made in good faith, whether it met the requirements for coverage and registration, and whether it contained provisions that were contrary to public policy or were otherwise invalid. The CFMEU argued that the agreement was the result of genuine bargaining and was in the best interests of its members. Copperview Pty Ltd, on the other hand, raised concerns about certain provisions of the agreement, particularly those relating to the enforcement of certain work practices and the scope of union activities on its premises.

In its decision, the Fair Work Commission found that the collective agreement was made in good faith and met the necessary criteria for approval. The Commission concluded that the bargaining process was legitimate and that the agreement contained provisions that were not contrary to public policy. The Commission also found that the agreement adequately protected the rights and interests of the union members, and that it provided a fair and reasonable framework for the employment relationship between Copperview Pty Ltd and the union. The Commission approved the agreement, subject to certain modifications to address specific concerns raised by Copperview Pty Ltd.

The Fair Work Commission's decision was based on a detailed analysis of the bargaining process, the content of the agreement, and the interests of the parties involved. The Commission found that the CFMEU had acted in good faith and that the agreement was not detrimental to the public interest. The Commission also noted that the modifications to the agreement were necessary to address legitimate concerns about the scope of union activities and the enforcement of certain work practices. The final orders of the Commission approved the collective agreement with the specified modifications, ensuring that the rights and interests of both the union and the employer were adequately protected.

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