DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch
(AG2021/5644)

COSMO TOWER CRANE CREWS (NO.1) 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 Tower Crane Crews (No.1) Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Cosmo Tower Crane Crews (No.1) 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-Construction and General Division, New South Wales Divisional Branch. 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch, applied for the approval of a collective agreement between the union and Cosmo Tower Crane Crews (No.1) Pty Ltd. The agreement, which covered the period from 2019 to 2023, aimed to regulate the terms and conditions of employment for crane operators employed by the company. The union sought to ensure fair and equitable working conditions for its members, while the company aimed to maintain a productive and efficient workforce.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements for being a "modern award" under section 225 of the Act, which includes provisions for minimum wages, conditions, and dispute resolution mechanisms. Additionally, the Commission considered whether the agreement contained any provisions that could be deemed to be "harsh, unjust, or unreasonable" under section 232 of the Act.

After considering the arguments and evidence presented by both parties, the Commission found that the collective agreement complied with the requirements of a modern award. The agreement contained provisions for minimum wages, conditions of employment, and dispute resolution mechanisms that were consistent with the Act. Furthermore, the Commission concluded that none of the provisions in the agreement were harsh, unjust, or unreasonable. Consequently, the Commission approved the collective agreement, which will now serve as a legally binding contract between the union and the company for the specified period.

The Fair Work Commission approved the collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch, and Cosmo Tower Crane Crews (No.1) Pty Ltd. The agreement will now govern the terms and conditions of employment for crane operators employed by the company for the period from 2019 to 2023.

Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established