Construction, Forestry and Maritime Employees Union

[2025] FWCA 1200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/848)

INTERNATIONAL RIGGING & HIRE 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 MATHESON	SYDNEY, 11 APRIL 2025

Application for approval of the INTERNATIONAL RIGGING & HIRE 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 INTERNATIONAL RIGGING & HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry 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.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

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 11 April 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 matter involved an application for the approval of the International Rigging & Hire 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 made under the Fair Work Act 2009, with the application being heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act for registration, including whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith and free from coercion. The Commission also had to consider whether the agreement was likely to lead to improved productivity, efficiency and profitability within the industry.

The Fair Work Commission determined that the agreement was appropriately made and contained fair and reasonable terms and conditions for the employees. The Commission noted that the agreement had been negotiated in good faith and was not the result of any form of coercion. Additionally, the Commission found that the agreement was likely to contribute to the productivity, efficiency and profitability of the industry. As such, the Commission approved the agreement for registration.

The Fair Work Commission ordered that the International Rigging & Hire Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 be registered as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established