Construction, Forestry and Maritime Employees Union

[2025] FWCA 1743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1518)

TOTAL CRANES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2024-2027

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

Application for approval of the TOTAL CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the TOTAL CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry 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 2 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 case involved an application for the approval of a proposed enterprise agreement between Total Cranes Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the Mobile Crane Hiring Industry. The application was heard in the Fair Work Commission, the tribunal tasked with overseeing and approving enterprise agreements in Australia. The union and the employer submitted the agreement for approval, seeking to formalise terms and conditions of employment for the industry.

The court was required to determine whether the proposed agreement complied with the relevant legislative requirements under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it was free from any improper influence or coercion, and whether it met the minimum entitlements set out in the National Employment Standards and the applicable awards. Additionally, the court examined whether the agreement provided for genuine bargaining between the parties, and whether it complied with procedural requirements.

The Fair Work Commission found that the proposed agreement met all necessary criteria. The court noted that both parties had engaged in genuine bargaining, and the agreement was made in good faith. It was also free from any improper influence or coercion. The agreement provided for terms and conditions that met or exceeded the minimum entitlements required by law, and it complied with all procedural requirements. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 between Total Cranes Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) be approved as a certified agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established