Construction, Forestry and Maritime Employees Union

[2025] FWCA 1163

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/783)

SKYLIFT CRANE SERVICES (AUST) 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, 4 APRIL 2025

Application for approval of the SKYLIFT CRANE SERVICES (AUST) 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 SKYLIFT CRANE SERVICES (AUST) 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 4 April 2025 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) to have the SKYLIFT CRANE SERVICES (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 approved. This application was brought to address the employment terms and conditions for workers in the mobile crane hiring industry in Victoria. The company SKYLIFT CRANE SERVICES (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) had entered into an enterprise agreement that sought to regulate various aspects of employment, including wages, working conditions, and dispute resolution mechanisms.

The central legal issues before the commission were whether the enterprise agreement complied with the relevant legislative requirements and if it met the criteria for formal approval. This included examining whether the agreement was made in good faith, whether it provided for the protection of employees' rights and interests, and whether it was consistent with the broader principles of the Fair Work Act 2009. Additionally, the commission had to consider whether the agreement was appropriately negotiated and whether it provided adequate protections and benefits for the workforce.

In delivering its decision, the commission noted that the agreement had been negotiated in good faith and was consistent with the statutory requirements. The commission found that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for minimum wage rates, overtime, leave entitlements, and other benefits. The commission also acknowledged that the agreement included effective mechanisms for resolving disputes between the parties. Based on these findings, the commission determined that the enterprise agreement met all the necessary criteria for approval under the Fair Work Act. The commission approved the agreement, recognising its alignment with the statutory objectives and its provision for fair and reasonable terms for the workforce.

As a result of the commission's decision, the SKYLIFT CRANE SERVICES (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 was formally approved, effective from the date of the decision. This approval means that the terms and conditions set out in the agreement are legally binding on both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established