Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1836)

AUSSIE LIFT & SHIFT (MLB) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MAST CLIMBING ACCESS EQUIPMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 30 JUNE 2025

Application for approval of the AUSSIE LIFT & SHIFT (MLB) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the AUSSIE LIFT & SHIFT (MLB) PTY LTD and the CFMEU (Victorian Construction and General Divisions) Subcontractors Mast Climbing Access Equipment 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 7 July 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 matter involved an application for the approval of an enterprise agreement between Aussie Lift & Shift (MLB) Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was made to the Fair Work Commission. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement, particularly those relating to access equipment used in the construction industry.

The legal issues before the court were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. These requirements included ensuring the agreement did not harm employees, provided for minimum terms and conditions, and was free from any improper conduct. Additionally, the court needed to assess whether the agreement was genuinely negotiated and whether it addressed the needs of both parties fairly.

The Fair Work Commission found that the proposed agreement complied with the necessary legal criteria. The court noted that the agreement was negotiated in good faith and provided for fair terms and conditions. It was determined that the agreement did not negatively impact employees and included provisions that met the minimum standards stipulated by the Fair Work Act 2009. The court also affirmed that the agreement was free from any improper conduct and adequately addressed the needs of both parties. Consequently, the Commission approved the agreement.

The final orders of the court approved the AUSSIE LIFT & SHIFT (MLB) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024 - 2027, recognising it as meeting the requirements set out in the Fair Work Act 2009.

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