DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5717)

COSMO TOWER CRANE CREWS (NO.2) / CFMEU COLLECTIVE AGREEMENT 2017-18

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Cosmo Tower Crane Crews (No.2) / CFMEU Collective Agreement 2017-18.

[1] An application has been made for approval of an enterprise agreement known as the Cosmo Tower Crane Crews (No.2) / CFMEU Collective Agreement 2017-18 (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, 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, 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 14 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for a collective agreement concerning the Cosmo Tower Crane Crews for the period 2017-18. The dispute was heard by the Fair Work Commission (FWC), Australia’s independent national workplace relations tribunal. The CFMEU aimed to establish terms and conditions for workers operating tower cranes in the construction industry, focusing on employment practices and worker protections. The legal issues before the FWC encompassed whether the proposed agreement was consistent with the principles of the Fair Work Act 2009, including ensuring fair and reasonable terms and conditions that do not adversely affect the employees' interests.

The FWC examined the proposed agreement's provisions, including those related to wages, hours of work, rest breaks, and other employment conditions. The Commission assessed whether these provisions met the criteria for approval under the Act, ensuring that the agreement did not undermine the rights or interests of employees. It also evaluated if the agreement was made in good faith and without coercion, as mandated by the legislation. The FWC found that the agreement largely complied with the statutory requirements, providing adequate protections for employees while balancing the interests of employers. The provisions were considered fair and reasonable, taking into account industry standards and the parties' bargaining positions.

Following its analysis, the FWC approved the Cosmo Tower Crane Crews (No.2) / CFMEU Collective Agreement 2017-18, subject to certain conditions. The decision underscored the importance of fair workplace practices and the role of collective bargaining in shaping industry standards. The FWC's approval ensured that the agreement would provide a stable and equitable framework for employment in the tower crane sector during the specified period.

Construction, Forestry, 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