Construction, Forestry and Maritime Employees Union

[2025] FWCA 1222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/867)

GRAVITY RIGGING & MACHINERY 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, 14 APRIL 2025

Application for approval of the GRAVITY RIGGING & MACHINERY 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 GRAVITY RIGGING & MACHINERY 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 Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 8 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 Hire 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 the Gravity Rigging & Machinery Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The application was heard by the Fair Work Commission, which has the authority to approve enterprise agreements if they meet the criteria set out in the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements for approval, including whether it provided for genuine bargaining, was free from coercion and undue influence, and was in the best interests of the employees it covered.

The Commission examined the process by which the agreement was negotiated and the fairness of the terms proposed. It considered evidence from both parties and relevant stakeholders, assessing the adequacy of the bargaining process and the reasonableness of the terms. The Commission also reviewed the agreement against statutory criteria, ensuring it complied with minimum entitlements and did not adversely affect the employees' conditions. After thorough analysis, the Commission found that the agreement was genuinely negotiated and free from unfair practices, and it determined that the terms were in the best interests of the employees.

In reaching its decision, the Commission placed significant weight on the procedural fairness of the bargaining process, the comprehensiveness of the agreement, and its alignment with broader industrial objectives. It was satisfied that the agreement provided adequate protections and benefits for the employees, and it approved the enterprise agreement as required by the Fair Work Act. The decision highlights the Commission's role in ensuring that enterprise agreements are fair, balanced, and beneficial to employees in the industries they cover.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established