Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2486)

REED CRANES AND HAULAGE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 AUGUST 2025

Application for approval of the REED CRANES AND HAULAGE PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the REED CRANES AND HAULAGE PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 19 June 2025 and the Agreement was made on 16 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

The CFMEU, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, on behalf of its members in the mobile crane hiring industry, applied to the Fair Work Commission for approval of an enterprise agreement. The applicant, Reed Cranes and Haulage Pty Ltd, is a company operating in the mobile crane hiring sector. The dispute involved the terms and conditions of employment as outlined in the proposed enterprise agreement for the period 2024-2027. The Fair Work Commission heard the application and was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The court considered several legal issues, including whether the agreement was genuinely negotiated, free from any form of coercion or undue influence, and if it included all the mandated minimum terms. Additionally, the court assessed whether the agreement appropriately addressed the enterprise's unique circumstances and provided fair and reasonable terms for the employees. The central focus was on ensuring that the agreement adhered to the legislative requirements set out in the Fair Work Act and the Fair Work Regulations 2009.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated and did not involve any form of coercion or undue influence. The agreement was deemed to cover all the mandated minimum terms and was appropriate for the unique circumstances of the enterprise. Furthermore, the agreement provided fair and reasonable terms for the employees, taking into consideration the specific needs and conditions of the mobile crane hiring industry. Consequently, the court approved the enterprise agreement, finding that it met all the necessary criteria under the Fair Work Act.

The final orders of the court were that the Reed Cranes and Haulage Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 was approved and registered. This approval would take effect from the date of the decision, providing a legally binding framework for the employment terms of the employees in the mobile crane hiring industry for the specified period. The agreement would now be applicable to the workers, ensuring that their rights and conditions were protected under the new terms.

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