Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1073)

QUINLAN 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 PLATT	ADELAIDE, 2 MAY 2025

Application for approval of the QUINLAN 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 QUINLAN CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 17 April 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Mobile Crane Hiring Award 2020 which has the result of remedying any defect.

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 this organisation.

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 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 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 an enterprise agreement between Quinlan Cranes Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement in question was the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it provided for a genuine enterprise bargaining process, and whether it met the procedural fairness requirements. Additionally, the Commission had to ensure that the agreement did not undermine the protection of employees' rights and entitlements.

The Fair Work Commission examined the application and the supporting documentation, including evidence of the bargaining process and the terms of the agreement. The Commission concluded that the agreement was made in good faith and followed the necessary enterprise bargaining process. It found that the agreement met all the procedural fairness requirements and did not undermine the protection of employees' rights and entitlements. Consequently, the Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, finding it to be compliant with the Fair Work Act.

The final orders of the Commission included the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement was to apply to all employees of Quinlan Cranes Pty Ltd who are members of the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), subject to the terms and conditions set out in the agreement. The Commission's decision provided certainty and clarity for both the employer and the union, ensuring that the agreement would be legally binding and enforceable.

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