Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1071)

HCR 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
DEPUTY PRESIDENT BELL	MELBOURNE, 28 APRIL 2025

Application for approval of the HCR 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 HCR CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The CFMEU, 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 was approved on 28 April 2025 and, in accordance with s.54 of the Act, will operate from 05 May 2025. The nominal expiry date of the Agreement is 02 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry and Maritime Employees Union (CFMEU) and HCR Cranes Pty Ltd sought approval for the HCR CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024-2027. The court was tasked with examining the fairness and compliance of the proposed enterprise agreement. The legal issues at the heart of the case involved whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been fairly negotiated and if it provided for fair and reasonable terms and conditions. The court also had to ensure that the agreement complied with the general protections and minimum entitlements outlined in the Fair Work Act.

The court considered various factors in its assessment, including the negotiation process and the contents of the agreement. It was established that the agreement had been negotiated in good faith and covered all necessary terms and conditions for the employees involved. The court found that the agreement provided for fair and reasonable terms, including provisions for wages, hours of work, and other employment conditions. Furthermore, the court confirmed that the agreement complied with the general protections and minimum entitlements required by the Fair Work Act. The court concluded that the agreement was fair and reasonable, and it met all statutory requirements for approval.

Given the court's findings, it approved the enterprise agreement. The court issued its decision, officially approving the HCR CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024-2027. This approval allows the agreement to be registered with the Fair Work Commission, making it legally binding on the parties involved. The court's decision ensures that the terms of the agreement will govern the employment conditions for the relevant employees during the specified period.

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