Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2427)

MEMBREYS TRANSPORT & CRANE HIRE UNIT TRUST (ATF) T/AS MEMBREYS TRANSPORT & CRANE HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 4 AUGUST 2025

Application for approval of the MEMBREYS TRANSPORT & CRANE HIRE UNIT TRUST (ATF) T/AS MEMBREYS TRANSPORT & CRANE HIRE 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 MEMBREYS TRANSPORT & CRANE HIRE UNIT TRUST (ATF) T/AS MEMBREYS TRANSPORT & CRANE HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry 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 11 August 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 involved an application for approval of a proposed enterprise agreement between the Membreys Transport & Crane Hire Unit Trust and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission. The dispute centred on the proposed Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, which sought to establish terms and conditions for employees in the mobile crane hiring industry over a three-year period. The legal issues the court was required to decide included whether the agreement met the criteria for being deemed a "modern award" under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions and whether it was consistent with the national system of pro-productivity industrial relations. The court examined the proposed agreement to ensure it complied with statutory requirements and did not include any terms that were contrary to public policy or were otherwise invalid. It also considered the views and submissions of both parties and any relevant industry standards.

The Fair Work Commission found that the proposed enterprise agreement met the necessary criteria for approval. It was determined that the agreement contained fair and reasonable terms and conditions for employees and did not include any terms that were contrary to public policy or invalid. The Commission noted that the agreement provided for appropriate safeguards for employee rights and did not undermine the national system of pro-productivity industrial relations. Furthermore, the Commission was satisfied that the agreement was consistent with relevant industry standards and reflected the needs of the mobile crane hiring industry. The Commission approved the agreement, recognising it as a modern award under the Fair Work Act 2009. The approval was granted on the condition that the agreement would be in effect from the date of the Commission's decision and would remain in force until the end of the specified period, subject to any further variations or terminations in accordance with the Act.

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