Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1713)

Cosmo Mobile Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 14 JUNE 2022

Application for approval of the Cosmo Mobile Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Cosmo Mobile Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025 (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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a proposed collective agreement between Cosmo Mobile Cranes Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2022-2025. The Commission was required to determine whether the agreement met the criteria set out in the Fair Work Act 2009 for approval and registration. The dispute arose because the agreement contained provisions that the employer argued were necessary for the efficient operation of the business, while the union contended that they were essential for the protection of its members' rights and conditions.

The central legal issues before the Commission were whether the provisions of the proposed agreement were consistent with the relevant provisions of the Fair Work Act and whether they promoted harmonious, productive, and cooperative workplace relations. The Commission needed to consider the balance between the employer's need for flexibility and efficiency and the union's role in protecting the rights and interests of its members. Specific provisions under scrutiny included those related to work hours, rostering, and the classification of employees.

The Fair Work Commission found that the proposed agreement generally promoted harmonious, productive, and cooperative workplace relations. The Commission acknowledged the employer's need for flexibility in managing its operations while also recognising the importance of the union's role in advocating for its members. After carefully considering the evidence and arguments presented by both parties, the Commission concluded that the agreement contained provisions that, while not ideal, were necessary to achieve a balance between the competing interests of the employer and the union. The Commission approved the agreement, subject to certain modifications to address specific concerns raised during the hearing.

The final orders of the Commission included the approval of the collective agreement with the specified modifications. The modifications primarily related to clarifications and adjustments to certain provisions to ensure they complied with the Fair Work Act and promoted the required workplace relations. The Commission's decision provided a framework for the parties to work within, balancing the needs of the business with the protections afforded to employees through the collective bargaining process.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established