Construction, Forestry and Maritime Employees Union

[2025] FWCA 1335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1074)

S & N UNIT TRUST (THE TRUSTEE FOR) T/AS S & N CRANES PTY LTD 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, 7 MAY 2025

Application for approval of the S & N UNIT TRUST (THE TRUSTEE FOR) T/AS S & N CRANES PTY LTD 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 S & N UNIT TRUST (THE TRUSTEE FOR) T/AS S & N CRANES PTY LTD 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, 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 14 May 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 Subcontractors Tower Crane Riggers Enterprise Agreement 2024-2027 between the S & N Unit Trust (the trustee for S & N Cranes Pty Ltd) and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The matter was heard by the Fair Work Commission, which is responsible for approving enterprise agreements in Australia. The primary dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission had to decide included whether the agreement was genuinely negotiated, free from coercion, and whether it complied with the minimum terms and conditions set out by the Fair Work Act. The Commission also had to consider whether the agreement was in the best interests of the employees covered by it. Additionally, the Commission needed to ensure that the agreement did not negatively impact the operational flexibility of the employer.

The Commission determined that the agreement was genuinely negotiated and not the result of any coercion. It found that the agreement complied with the minimum terms and conditions as outlined in the Fair Work Act. The Commission also concluded that the agreement was in the best interests of the employees, as it provided reasonable protections and benefits. Furthermore, the agreement was deemed not to unduly restrict the operational flexibility of the employer, allowing for necessary business adjustments. Consequently, the Commission approved the agreement, recognising its fairness and compliance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established