Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/3428)

WA UNIVERSAL CRANE HIRE PTY LTD AND CFMEU(WA) MOBILE CRANE HIRE COLLECTIVE AGREEMENT 2025 - 2028

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 15 OCTOBER 2025

Application for approval of the WA Universal Crane Hire Pty Ltd and CFMEU (WA) Mobile Crane Hire Collective Agreement 2025 – 2028

An application has been made for approval of an enterprise agreement known as the WA UNIVERSAL CRANE HIRE PTY LTD AND CFMEU(WA) MOBILE CRANE HIRE COLLECTIVE AGREEMENT 2025 - 2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 15 October 2025.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and (despite the wording of Clause 5.1 of the Agreement) in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2028.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry and Maritime Employees Union (CFMEU) and WA Universal Crane Hire Pty Ltd, which have applied for the approval of their Mobile Crane Hire Collective Agreement 2025 – 2028. The nature of the dispute involves the terms and conditions of employment for mobile crane operators within the industry, seeking the court's approval of the agreement as a registered instrument under the Fair Work Act 2009. The court presiding over this case is the Fair Work Commission (FWC), which is the designated body for resolving disputes related to workplace relations in Australia.

The legal issues before the FWC revolved around whether the proposed collective agreement met the statutory requirements for registration under the Fair Work Act. This includes ensuring the agreement adheres to the principles of good faith bargaining, covers the relevant employees and employers, and is free from any illegal or unfair content. The court had to consider submissions from both parties, as well as any public interest considerations, to determine whether the agreement should be approved.

In its reasoning, the FWC found that the agreement was the product of genuine and good faith negotiations between the parties. The court assessed the terms of the agreement against the criteria set out in the Fair Work Act, confirming that they were fair and reasonable. The FWC determined that the agreement did not contain any provisions that were contrary to public policy or that would unfairly disadvantage any party. Given these findings, the court was satisfied that the proposed agreement met the statutory requirements for registration and granted the application for approval. This decision ensures that the terms of employment for mobile crane operators are formally recognised and regulated by 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