DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3629)

COSMO MOBILE CRANES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	SYDNEY, 30 AUGUST 2018

Application for approval of the Cosmo Mobile Cranes Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cosmo Mobile Cranes Pty Ltd / 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 6 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 case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement between Cosmo Mobile Cranes Pty Ltd and its employees. The CFMEU, representing the employees, and Cosmo Mobile Cranes Pty Ltd had negotiated the terms of employment in the agreement, which was presented for formal endorsement by the Commission. The crux of the dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement met the criteria for registration as a registered agreement under the Fair Work Act 2009 and whether it provided fair and reasonable terms for the employees. The Commission needed to determine if the agreement was free from any unfair provisions and if it had been negotiated in good faith. Additionally, the Commission considered whether the agreement provided adequate protections and benefits to the employees, particularly in light of the specific industry conditions and practices.

The Fair Work Commission, after a thorough review of the agreement, found that it met the statutory requirements for registration. The agreement was deemed to be free from any unfair provisions and was negotiated in good faith. The Commission concluded that the agreement provided fair and reasonable terms for the employees, taking into account their specific needs and the industry context. Consequently, the Commission approved the agreement and registered it as a certified agreement under the Fair Work Act 2009. The decision was based on the comprehensive evidence provided by both parties and the overall benefit to the employees.

The final orders of the Commission were to register the Cosmo Mobile Cranes Pty Ltd / CFMEU Collective Agreement 2018 as a certified agreement, effective from the date of the Commission’s decision. This registration meant that the terms of the agreement would be legally binding on both the employer and the employees, providing a stable framework for their ongoing relationship.

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