Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1517)

MARTIN CICERALE GROUP BUSINESS TRUST (THE TRUSTEE FOR) T/AS MCG CRANES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 MAY 2025

Application for approval of the MARTIN CICERALE GROUP BUSINESS TRUST (THE TRUSTEE FOR) T/AS MCG CRANES 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 MARTIN CICERALE GROUP BUSINESS TRUST (THE TRUSTEE FOR) T/AS MCG CRANES and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers 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 (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) 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 4 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 applicant, Martin Cicerale Group Business Trust, trading as MCG Cranes, applied to the Fair Work Commission for the approval of a subcontractor's tower crane riggers enterprise agreement for the period 2024-2027. The agreement was to cover employees of the applicant who are members of the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The union contested the application, asserting that the agreement did not meet the necessary standards for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement complied with the statutory requirements for enterprise agreements, including provisions for minimum wages and conditions, and whether it provided for an efficient, flexible, and productive workplace. The union argued that the agreement did not adequately protect employees' rights and did not meet the statutory requirements for minimum terms and conditions of employment.

In determining the application, the Commission examined the proposed agreement in detail, considering the submissions from both parties. The Commission found that the agreement provided for minimum wages and conditions in line with the applicable awards and provided for a fair and efficient workplace. The Commission was satisfied that the agreement met the statutory requirements and would provide for an efficient, flexible, and productive workplace. The application was approved, and the agreement was registered.

The Fair Work Commission approved the application and registered the proposed enterprise agreement. The agreement is to be in force from the first day of March 2024 for a period of four years, until the first day of March 2028, unless terminated earlier in accordance with the agreement. The union's objections were dismissed, and the agreement was registered as a registered agreement under 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