| [2025] FWCA 2204 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/2025)
CBW CRANE HIRE & RIGGING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 4 JULY 2025 |
Application for approval of the CBW CRANE HIRE & RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the CBW CRANE HIRE & RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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. The Agreement is a single enterprise agreement.
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 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) 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 July 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 2204
- Case
- [2025] FWCA 2204
- Decision Date
CaseChat Overview and Summary
The legal issues the Commission had to address included whether the proposed agreement met the statutory requirements for enterprise agreements, including compliance with the Better Off Overall Test (BOOT). The Commission also needed to determine if the agreement appropriately balanced the rights and interests of both the employees and the employer, ensuring it did not unfairly disadvantage either party. Additionally, the Commission examined whether the agreement provided adequate protections and benefits to the employees, such as minimum wages, hours of work, leave entitlements, and other working conditions.
In its decision, the Commission found that the proposed agreement satisfied the statutory requirements under the Fair Work Act. It noted that the agreement provided a comprehensive set of terms and conditions that were better off overall for the employees, meeting the BOOT. The Commission was satisfied that the agreement appropriately balanced the rights and interests of both parties, ensuring fair and reasonable conditions. The agreement was approved as it provided adequate protections and benefits to the employees, including provisions for wages, hours of work, and leave entitlements. The Commission also considered the submissions from both parties and the broader context of the industry standards.
The final order of the Commission was the approval of the Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms and conditions for the specified period, providing a stable and fair working environment for the employees in the rigging and steel erecting sectors.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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