Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1838)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2025

Application for approval of the ACCESS CRANES AUSTRALIA 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 ACCESS CRANES AUSTRALIA 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). 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 27 June 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 before the Fair Work Commission involved an application for the approval of the ACCESS CRANES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024 - 2027. The dispute centred around the terms of the proposed agreement, which was intended to govern the employment conditions of tower crane riggers working for subcontractors in the construction industry. The legal issues for the Commission to determine included whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it provided a safety net of minimum terms and conditions.

The Fair Work Commission examined the provisions of the proposed agreement, considering various factors such as the coverage of the agreement, the bargaining process, and the terms and conditions offered. The Commission noted the importance of ensuring that the agreement would provide a safety net of minimum terms and conditions for the employees covered, as mandated by the Fair Work Act. The Commission also assessed whether the agreement met the procedural fairness requirements and if it was in the best interests of the employees.

After careful consideration of the evidence and submissions presented, the Fair Work Commission found that the proposed agreement satisfied the statutory requirements under the Fair Work Act and provided a safety net of minimum terms and conditions. The Commission approved the agreement, which will now govern the employment conditions of tower crane riggers working for subcontractors in the construction industry. The decision was made in the interest of ensuring fair and reasonable terms for the employees involved, while also taking into account the needs of the industry and the parties involved in the agreement.

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