Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1058)

HYDRALIFT 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
DEPUTY PRESIDENT BELL	MELBOURNE, 23 APRIL 2025

Application for approval of the HYDRALIFT 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 HYDRALIFT CRANES PTY LTD 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) 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 23 April 2025 and, in accordance with s.54 of the Act, will operate from 30 April 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

The matter before the court involved an application for approval of an enterprise agreement between Hydralift Cranes Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was made under the Fair Work Act 2009, and the dispute centred on whether the proposed agreement met the legal standards for approval. The case was heard in the Fair Work Commission. The legal issues for the court's consideration included whether the agreement was genuinely negotiated, whether it contained the prescribed minimum terms and conditions, and whether it complied with other statutory requirements for enterprise agreements. The court examined the process by which the agreement was negotiated, the content of the agreement, and the parties' compliance with statutory obligations.

In its decision, the court found that the enterprise agreement had been genuinely negotiated between the parties. The court examined the evidence provided regarding the negotiation process, including communications between the parties, and concluded that the agreement reflected a genuine attempt to reach a settlement. The court also determined that the agreement contained all the prescribed minimum terms and conditions as required by the Fair Work Act. The content of the agreement was reviewed to ensure it complied with statutory minimum standards and provided fair and reasonable terms for the employees. Additionally, the court considered whether the agreement complied with other relevant legislative requirements, such as those relating to dispute resolution and employee representation. Having satisfied itself on these points, the court approved the enterprise agreement.

The court's approval of the enterprise agreement means that it will now be legally binding between Hydralift Cranes Pty Ltd and the employees covered by the agreement. The agreement sets out the terms and conditions of employment for the relevant workers, including wages, hours of work, leave entitlements, and other employment-related matters. The approval ensures that the agreement will be recognised and enforceable in accordance with the provisions of the Fair Work Act. The court's decision brings certainty to the employment relationship and provides a framework for resolving any future disputes between the parties.

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