Construction, Forestry, Mining and Energy Union

[2014] FWCA 3672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6195)

COPPERFORM VICTORIA PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 4 JUNE 2014

Application for approval of the Copperform Victoria Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Copperform Victoria Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). 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 CFMEU 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, will operate from 11 June 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Copperform Victoria Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. Copperform Victoria Pty Ltd objected to the application on the basis that the agreement did not meet the requirements of section 230 of the Fair Work Act 2009 because it contained terms that were contrary to public policy. The CFMEU argued that the terms of the agreement were necessary to protect the health and safety of employees and were not contrary to public policy.

The commission examined the terms of the agreement in question, including a clause that allowed for the continuation of payments to employees who were unable to work due to injury or illness, even if they were not eligible for workers' compensation. The commission noted that this clause was consistent with the objectives of the Fair Work Act, which is to provide for fair wages and conditions, and to promote high levels of employment and economic performance. The commission also considered that the clause was not contrary to public policy, as it did not encourage or facilitate illegal activities or undermine the workers' compensation system.

The commission approved the application for registration of the agreement, finding that it met the requirements of section 230 of the Fair Work Act. The commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the clause in question was necessary to protect the health and safety of employees. The commission also found that the agreement did not have an adverse effect on the operation of the workers' compensation system.

The final orders of the commission were that the Copperform Victoria Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be approved for registration, and that it be registered as a single-employer enterprise agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established