| [2025] FWCA 1280 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/945)
SPILLARD 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, 16 APRIL 2025 |
Application for approval of the SPILLARD 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 SPILLARD 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) I note that the Agreement covers the organisation.
The Agreement was approved on 16 April 2025 and, in accordance with s.54 of the Act, will operate from Wednesday 23 April 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE528696 PR786194>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1280
- Case
- [2025] FWCA 1280
- Decision Date
CaseChat Overview and Summary
The Commission was tasked with determining if the agreement was free from any procedural flaws that might have compromised the fairness of its negotiation process. Additionally, the court had to examine whether the agreement provided adequate protections for employees, including minimum wages, working conditions, and dispute resolution mechanisms. The decision also required consideration of the views and submissions from both parties, as well as any relevant industry standards and precedents.
The Fair Work Commission found that the agreement had been negotiated in good faith and was free from procedural flaws. It determined that the proposed agreement provided sufficient protections for employees, including fair wages and reasonable working conditions, and included robust mechanisms for dispute resolution. The Commission was satisfied that the agreement met the statutory requirements for approval under the Fair Work Act. Consequently, the Commission approved the proposed enterprise agreement, allowing it to take effect as of the specified date.
The final orders of the Commission were that the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 be approved and registered, effective from the date of the decision. This decision provided certainty for both the union and the employer, allowing them to proceed with the terms of the agreement.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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