DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5713)

COSMO TOWER CRANE CREWS (NO.1) / CFMEU COLLECTIVE AGREEMENT 2017-18

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 DECEMBER 2017

Application for approval of the Cosmo Tower Crane Crews (No.1) / 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.1) / 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 11 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) applied for the approval of the Cosmo Tower Crane Crews (No. 1) 2017-18 Collective Agreement under the Fair Work Act 2009. The application was made by the CFMEU on behalf of its members who were employees of Cosmo Tower Cranes Pty Ltd. The dispute centred on the terms and conditions of employment for the crane crews employed by Cosmo, including wages, working hours, and other employment-related matters.

The primary legal issue before the court was whether the proposed collective agreement complied with the statutory requirements under the Fair Work Act. This included assessing whether the agreement met the standards for good faith bargaining, and whether it provided for fair and reasonable terms and conditions of employment. The court also had to determine if the agreement appropriately balanced the interests of both employers and employees.

The Fair Work Commission, in approving the application, found that the agreement was made in good faith and met the statutory requirements. The Commission concluded that the terms and conditions provided for in the agreement were fair and reasonable, taking into account the nature of the industry and the specific roles of the employees. The CFMEU demonstrated that it had bargained in good faith with Cosmo Tower Cranes Pty Ltd, and the agreement reflected a balanced approach to the needs and rights of both parties. The Commission therefore approved the collective agreement, allowing it to come into effect.

No further orders were made by the court beyond the approval of the collective agreement.

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