Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1529)

CLARK HOIST HIRE 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 LEE	MELBOURNE, 30 MAY 2025

Application for approval of the CLARK HOIST HIRE 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 CLARK HOIST HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment 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 6 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 parties involved in the case were the Construction, Forestry and Maritime Employees Union (CFMEU) and Clark Hoist Hire Pty Ltd. The dispute centred on the application for the approval of the Clark Hoist Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024-2027. The case was heard in the Fair Work Commission. The legal issues that the court had to decide were whether the enterprise agreement met the statutory requirements for approval and if it complied with the Fair Work Act 2009. The court had to examine if the agreement was fairly negotiated and if it contained the necessary provisions to be considered a valid enterprise agreement.

The court found that the agreement was fairly negotiated and contained all the necessary provisions. It also found that the agreement was in compliance with the Fair Work Act 2009. The court examined the evidence presented by both parties and determined that the agreement was an appropriate means of resolving the issues between the employer and employees. The court also noted that the agreement provided for a fair and equitable resolution of the issues and was in the best interests of the employees.

As a result of the court's decision, the Clark Hoist Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024-2027 was approved. The agreement will now be registered with the Fair Work Commission and will be in effect until 2027. The court's decision ensures that the agreement will be legally binding and enforceable for both parties. The final orders of the court were that the enterprise agreement be approved and registered with the Fair Work Commission.

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