Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2735)

HOISTING SERVICES AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MAST CLIMBING ACCESS EQUIPMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 AUGUST 2025

Application for approval of the HOISTING SERVICES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the HOISTING SERVICES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry and Maritime Employees Union (CFME Union) for the approval of the Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024-2027 between HOISTING SERVICES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division). The dispute was brought before the Australian Industrial Relations Commission (AIRC). The CFMEU sought to have the enterprise agreement approved by the Commission, ensuring its terms and conditions were legally enforceable and compliant with the relevant industrial relations legislation.

The primary legal issue the Court had to address was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement was free from prohibited content, including any provisions that could be considered discriminatory or unfair. The Court also needed to determine if the agreement had been genuinely negotiated and if there was adequate consultation between the parties involved. Furthermore, the Court needed to ensure that the agreement did not undermine the safety standards applicable to the industry.

In considering these matters, the Court examined the submissions from both parties, along with any relevant evidence provided. The Court found that the agreement contained no prohibited content and was free from any discriminatory provisions. It was also determined that the agreement had been genuinely negotiated, with adequate consultation taking place between the parties. The Court was satisfied that the agreement did not undermine any safety standards applicable to the industry. Therefore, the Court approved the Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024-2027 as compliant with the Fair Work Act 2009.

As a result of the Court's decision, the Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024-2027 was approved, and its terms and conditions became legally enforceable. This decision ensures that the agreement will provide a fair and equitable framework for the employment relationship between HOISTING SERVICES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division).

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established