Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2506)

GC CRANE HIRE ATF GA CAELLI DISCRETIONARY TRUST T/AS GENERAL CRANES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 8 AUGUST 2025

Application for approval of the GC CRANE HIRE ATF GA CAELLI DISCRETIONARY TRUST T/As GENERAL CRANES and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the GC CRANE HIRE ATF GA CAELLI DISCRETIONARY TRUST T/As GENERAL CRANES and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 1 August 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a Subcontractors Tower Crane Riggers Enterprise Agreement 2024 - 2027 between the GC CRANE HIRE ATF GA CAELLI DISCRETIONARY TRUST trading as General Cranes and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was made under the Fair Work Act 2009, seeking the Fair Work Commission's endorsement of the proposed agreement as a registered agreement. The agreement aimed to govern the terms and conditions of employment for subcontractor tower crane riggers working in the construction industry in Victoria.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for registration under the Fair Work Act. Specifically, the court needed to determine if the agreement contained all the prescribed terms, was free from prohibited content, and had been made in good faith. The court also had to consider if the agreement provided for proper dispute resolution mechanisms and if it was consistent with the principles of the Act, including promoting higher wages and better working conditions.

In its reasoning, the court found that the proposed agreement contained all the prescribed terms and did not include any prohibited content. The court noted that the agreement provided for fair wages and conditions, including provisions for overtime, penalties, and shift allowances. The court also found that the agreement had been made in good faith and provided for adequate dispute resolution mechanisms. The court was satisfied that the agreement was consistent with the principles of the Act and would promote higher wages and better working conditions for the employees covered by the agreement.

Consequently, the court approved the proposed Subcontractors Tower Crane Riggers Enterprise Agreement 2024 - 2027 as a registered agreement. The final orders of the court were that the agreement be registered as a registered agreement under the Fair Work Act 2009, effective from the date of the court's decision. The agreement was to be binding on all parties covered by the agreement, including the GC CRANE HIRE ATF GA CAELLI DISCRETIONARY TRUST and the Construction, Forestry and Maritime Employees Union (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