Construction, Forestry and Maritime Employees Union

[2025] FWCA 2262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2128)

MARR CONTRACTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 9 JULY 2025

Application for approval of the MARR CONTRACTING PTY LTD 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 MARR CONTRACTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 was approved on 9 July 2025 and, in accordance with s.54 of the Act, will operate from 16 July 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 case involved an application for the approval of the MARR Contracting Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024-2027. The matter was heard in the Fair Work Commission, which is the primary body responsible for regulating Australian industrial relations. The union and the employer sought the Commission's approval of the enterprise agreement, which outlines the terms and conditions of employment for tower crane riggers working under subcontract with MARR Contracting.

The primary legal issue before the Commission was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was fairly negotiated, free from any improper conduct, and contained provisions that complied with the Fair Work (Transitional Provisions) Regulations 2009. The Commission also had to consider whether the agreement provided adequate protections for the employees, including minimum wages and conditions.

In its decision, the Commission examined the evidence presented by both parties regarding the negotiation process and the content of the agreement. The Commission found that the agreement had been fairly negotiated and did not contain any provisions that were contrary to the principles of the Fair Work Act. The Commission noted that the agreement provided for reasonable working conditions and wages, and it was satisfied that the agreement met the necessary criteria for approval. Consequently, the Commission approved the enterprise agreement, confirming its validity and enforceability.

The Fair Work Commission approved the MARR Contracting Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024-2027. The agreement is now legally binding on the parties and sets the terms and conditions of employment for the relevant employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established