Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1387)

PARAMOUNT CRANES TRUST (THE TRUSTEE FOR) T/AS PARAMOUNT CRANES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MAY 2025

Application for approval of the PARAMOUNT CRANES TRUST (THE TRUSTEE FOR) T/As PARAMOUNT CRANES 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 PARAMOUNT CRANES TRUST (THE TRUSTEE FOR) T/As PARAMOUNT CRANES 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 Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 18 February 2025 and the Agreement was made on 28 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 23 May 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the application for approval of the Parramatta Cranes Trust and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, the Fair Work Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval. The Trust, operating under the name Paramount Cranes, sought to have the enterprise agreement ratified, while the Union, representing the workers, supported the agreement. The dispute centred on whether the agreement adequately covered the terms and conditions of employment, including wages, hours, and other workplace standards, as required by the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements under the Fair Work Act. This involved an assessment of whether the agreement was made in good faith, provided for a fair and efficient workplace, and included appropriate provisions for minimum terms and conditions. The Commission also had to determine if the agreement was made without coercion and if it met the criteria for being a single, integrated agreement. The application of these legal principles was crucial in deciding whether the agreement could be approved and registered.

The Fair Work Commission examined the contents of the agreement and the process by which it was negotiated and agreed upon. The Commission found that the agreement was negotiated in good faith and included comprehensive provisions that met the statutory requirements. It was determined that the agreement provided for a fair and efficient workplace and contained all the necessary minimum terms and conditions. The Commission was satisfied that the agreement was not made under duress and was a single, integrated document. Consequently, the Commission approved the agreement and ordered its registration, thereby resolving the dispute in favour of the applicant.

The final orders of the Fair Work Commission included the approval and registration of the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, effective from the date of the decision. The Commission's decision ensures that the agreement will govern the terms and conditions of employment for the workers represented by the Union and employed by the Trust, providing a legally binding framework for their workplace arrangements.

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