DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5633)

COSMO CRANES & RIGGING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 JUNE 2021

Application for approval of the Cosmo Cranes & Rigging Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Cosmo Cranes & Rigging Pty Ltd / CFMEU Collective Agreement 2019-2023 (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, 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 6 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Cosmo Cranes & Rigging Pty Ltd / CFMEU Collective Agreement 2019-2023. The application was contested by Cosmo Cranes & Rigging, which argued that certain provisions of the agreement were not in accordance with the Fair Work Act 2009. The Fair Work Commission, led by Commissioner McCabe, was tasked with determining whether the provisions of the agreement complied with the relevant legislation and if the agreement should be approved.

The primary legal issues before the Commission were whether certain provisions of the agreement, particularly those related to the classification and remuneration of employees, were consistent with the requirements of the Fair Work Act. The Commission had to consider the balance between the rights of the employees as represented by the CFMEU and the interests of the employer, Cosmo Cranes & Rigging. The Commission also needed to assess whether the agreement provided for proper dispute resolution mechanisms and adhered to the principles of good faith bargaining.

The Commission examined the provisions of the agreement and found that, while some aspects were contentious, the overall agreement was in compliance with the Fair Work Act. The Commission emphasised the importance of the parties' adherence to good faith bargaining and the avoidance of unnecessary industrial action. The Commission concluded that the agreement, while not perfect, represented a fair and reasonable outcome for both the employees and the employer. Consequently, the Commission approved the agreement, subject to certain conditions aimed at ensuring its continued compliance with the Fair Work Act.

The final orders of the Commission included the approval of the Cosmo Cranes & Rigging Pty Ltd / CFMEU Collective Agreement 2019-2023, with conditions attached to ensure that specific provisions were reviewed and potentially amended to better align with the Fair Work Act. The agreement was to be monitored to ensure ongoing compliance and to address any issues that might arise in its implementation. The Commission's decision provided a framework for the continued relationship between the CFMEU and Cosmo Cranes & Rigging, aiming to promote industrial harmony and stability.

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