DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3311)

COOPERS HEAVY INDUSTRIES PTY LIMITED T-AS COOPERS CRANES / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 6 SEPTEMBER 2018

Application for approval of the Coopers Heavy Industries Pty Limited t-as Coopers Cranes / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coopers Heavy Industries Pty Limited t-as Coopers Cranes / CFMEU Collective Agreement 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, 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 September 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Coopers Heavy Industries Pty Limited t/as Coopers Cranes/CFME Union Collective Agreement 2018. The application was made pursuant to section 235 of the Fair Work Act 2009, seeking that the agreement be approved as a registered agreement for the purposes of the Act. The dispute involved the terms and conditions of employment for the employees of Coopers Cranes, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, specifically whether it provided for fair and reasonable terms and conditions of employment, and whether the agreement had been genuinely negotiated between the parties. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it provided adequate protection against unfair dismissal.

The Commission found that the agreement was in compliance with the Fair Work Act and was a genuine product of negotiations between the parties. The agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The Commission also found that the agreement provided adequate protection against unfair dismissal. Accordingly, the Commission approved the agreement as a registered agreement under the Fair Work Act.

The final orders of the Commission included the approval of the Coopers Cranes/CFME Union Collective Agreement 2018 as a registered agreement, effective from the date of the decision. The agreement was to be registered on the Register of Approved Bargaining Agreements maintained by the Commission. The parties were directed to take all necessary steps to give effect to the agreement, including providing copies of the agreement to all relevant employees.

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