DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5739)

COSMO CRANES & RIGGING PTY LTD CFMEU COLLECTIVE AGREEMENT

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

Application for approval of the Cosmo Cranes & Rigging Pty Ltd CFMEU Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Cosmo Cranes & Rigging Pty Ltd CFMEU Collective Agreement (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

In the matter of the Construction, Forestry, Mining and Energy Union (CFMEU) and Cosmo Cranes & Rigging Pty Ltd, the Fair Work Commission was tasked with determining the approval of a collective agreement. The CFMEU, representing the employees of Cosmo Cranes & Rigging Pty Ltd, sought approval for a proposed collective agreement, which had been negotiated between the union and the employer. The dispute centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes, whether it ensured a fair and equitable distribution of benefits and obligations between the parties, and whether it adhered to the procedural fairness requirements under the Fair Work Act. Additionally, the Commission had to assess whether the agreement contained any provisions that were contrary to public policy or were otherwise unlawful.

In reaching its decision, the Commission considered the provisions of the Fair Work Act, relevant case law, and the submissions made by both the CFMEU and Cosmo Cranes & Rigging Pty Ltd. The Commission found that the agreement contained adequate mechanisms for dispute resolution, ensured a fair distribution of benefits and obligations, and was in compliance with procedural fairness requirements. The Commission also determined that none of the provisions in the agreement were contrary to public policy or otherwise unlawful. Accordingly, the Commission approved the proposed collective agreement.

As a result of the Commission’s decision, the CFMEU Collective Agreement for Cosmo Cranes & Rigging Pty Ltd was approved, and the agreement became legally binding on both the employer and the employees. The final orders of the Commission included the approval of the collective agreement, which was to take effect from the date of the decision.

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