Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1524)

INFINITY CRANE & EQUIPMENT HIRE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 MAY 2025

Application for approval of the Infinity Crane & Equipment Hire Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Infinity Crane & Equipment Hire Pty Ltd / CFMEU Collective 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 2 June 2025. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, on behalf of its members, applied for the approval of a collective agreement with Infinity Crane & Equipment Hire Pty Ltd, spanning from 2024 to 2027. The application for approval was submitted to the Commission under section 234 of the Fair Work Act 2009, aiming to formalise the terms and conditions of employment between the union and the employer. The central dispute centred on whether the proposed agreement met the statutory criteria for approval, including fairness, efficiency, and the avoidance of unnecessary complexity.

The legal issues before the Commission involved determining if the agreement complied with the statutory requirements for approval under the Fair Work Act. This encompassed examining whether the agreement was free from any provisions that would be contrary to public interest, whether it provided for the efficient determination of terms and conditions of employment, and whether it avoided unnecessary complexity. Additionally, the Commission had to consider the fairness of the agreement to both the employer and employees, ensuring it did not undermine the capacity of employees to protect their interests.

The Commission deliberated on the provisions of the agreement, assessing its alignment with the statutory criteria. The agreement was found to be efficient and straightforward, avoiding unnecessary complexity, and was deemed fair to both parties. The Commission noted the union's representation of its members and the employer's capacity to manage its business effectively under the proposed terms. It concluded that the agreement met the legislative standards for approval, as it did not include any provisions that would be contrary to the public interest or undermine the capacity of employees to protect their interests.

The Fair Work Commission approved the Infinity Crane & Equipment Hire Pty Ltd / CFMEU Collective Agreement 2024-2027, effective from 1 March 2024. This decision formalised the employment terms between the union and the employer for the specified period, subject to the provisions of the Fair Work Act.

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