Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1968)

MEGA-LIFT SOLUTIONS 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 BELL	MELBOURNE, 2 JULY 2025

Application for approval of the MEGA-LIFT SOLUTIONS 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 MEGA-LIFT SOLUTIONS 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) 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 2 July 2025 and, in accordance with s.54 of the Act, will operate from 9 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 matter before the Fair Work Commission involved an application for approval of the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 between MEGA-LIFT SOLUTIONS PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was made under section 235 of the Fair Work Act 2009, seeking the Commission’s endorsement of the proposed agreement as a modern award. The Commission was tasked with determining whether the agreement met the criteria for approval, including whether it provided for fair and efficient workplace relations, and whether it complied with the relevant provisions of the Fair Work Act.

The legal issues before the Commission centred on whether the proposed agreement appropriately balanced the interests of both employers and employees, and whether it adhered to the procedural and substantive requirements set out in the Fair Work Act. Key considerations included the agreement's provisions on wages, working conditions, dispute resolution mechanisms, and its compliance with the ‘better off overall test’ (BOOT). This test requires that employees under the agreement should not be worse off than if they were under the relevant minimum award.

The Fair Work Commission determined that the proposed agreement met the necessary criteria for approval. The Commission found that the agreement provided for fair and efficient workplace relations and contained provisions that were reasonable in all respects. The Commission highlighted that the agreement included appropriate mechanisms for dispute resolution and provided for fair wages and conditions. Furthermore, the Commission was satisfied that the agreement met the better off overall test, as employees would not be disadvantaged under the terms of the agreement compared to the relevant minimum award. Consequently, the Commission approved the agreement, endorsing it as a modern award effective from the date of the decision.

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