Construction, Forestry and Maritime Employees Union

[2025] FWCA 1332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1061)

MURRINA GROUP 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, 28 APRIL 2025

Application for approval of the Murrina Group 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 MURRINA GROUP 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 5 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 Construction, Forestry and Maritime Employees Union and the Murrina Group Pty Ltd applied to the Fair Work Commission for approval of the Murrina Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024-2027. The dispute involved the application for approval of the enterprise agreement under the Fair Work Act 2009. The legal issues that the Fair Work Commission was required to decide were whether the enterprise agreement met the statutory requirements for approval, including whether it was fairly and properly negotiated, contained certain minimum terms and conditions, and was in the public interest.

The Fair Work Commission found that the enterprise agreement was fairly and properly negotiated, met the minimum terms and conditions, and was in the public interest. The Commission was satisfied that the agreement had been negotiated in good faith and that it contained the required minimum terms and conditions, including provisions for minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement was in the public interest, as it provided for a fair and reasonable outcome for both parties and would contribute to the stability and productivity of the industry.

The Fair Work Commission approved the enterprise agreement under section 234 of the Fair Work Act 2009. The agreement will now apply to the employees of Murrina Group Pty Ltd who are members of the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The approval of the enterprise agreement is an important step in ensuring that the employees of the company have a fair and reasonable set of terms and conditions of employment, and that the industry remains stable and productive.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established