DECISION

Fair Work Act 2009
s.185—Enterprise agreement

COSMOS Inc T/A COSMOS
(AG2014/10936)

COSMOS INC ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 APRIL 2015

Application for approval of the Cosmos Inc Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cosmos Inc Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by COSMOS Inc T/A COSMOS. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from COSMOS Inc T/A COSMOS. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2015. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, COSMOS Inc trading as COSMOS, applied for an order approving the COSMOS Inc Enterprise Agreement 2014. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009, having already secured the necessary union and employer approvals. The respondent, the Department of the Prime Minister and Cabinet, raised concerns about the agreement's provisions regarding the classification and remuneration of certain employees.

The primary legal issue before the Commission was whether the provisions in question were consistent with the requirements set out in the Fair Work Act. Specifically, the respondent questioned whether the classification of employees and the associated remuneration met the criteria for "better off overall" and "not worse off overall" under the Act. The Commission had to determine whether these provisions complied with the Act's objectives of ensuring fair and equitable terms and conditions of employment.

After reviewing the submissions and evidence, the Commission concluded that the provisions in question were consistent with the Act. The Commission found that the classification and remuneration provisions met the "better off overall" and "not worse off overall" tests, taking into account the overall benefits and detriments to the employees. The Commission noted that the agreement provided for improved conditions, including higher pay rates and better working conditions, which outweighed any minor disadvantages. Consequently, the Commission approved the COSMOS Inc Enterprise Agreement 2014.

COSMOS Inc T/A COSMOS

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established