Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/821)

CUSTOM RIGGING & RELOCATIONS 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, 2 APRIL 2025

Application for approval of the CUSTOM RIGGING & RELOCATIONS 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 CUSTOM RIGGING & RELOCATIONS 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 Notice of Employee Representational Rights (NOERR) was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.

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 2 April 2025 and, in accordance with s.54 of the Act, will operate from 9 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of a proposed enterprise agreement for mobile crane hiring industry employees. The proposed agreement, known as the CUSTOM RIGGING & RELOCATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, was to cover workers employed by Custom Rigging & Relocations Pty Ltd. The union argued that the agreement was fair and reasonable and should be approved as a certified agreement.

The central legal issue for the Commission was to determine whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement was made in good faith and covered employees who were genuinely eligible to be party to the agreement. Additionally, the Commission had to assess whether the terms of the agreement were fair and reasonable, taking into account factors such as the parties' bargaining power, the nature of the industry, and the overall economic circumstances.

The Commission found that the agreement was made in good faith and covered employees who were genuinely eligible to be party to it. The Commission considered the terms of the agreement and concluded that they were fair and reasonable. The Commission found that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, and leave. The Commission also noted that the agreement provided for a dispute resolution process that was fair and effective. Based on these findings, the Commission approved the agreement as a certified agreement.

The Fair Work Commission approved the proposed enterprise agreement as a certified agreement, effective from 1 July 2024. The agreement will apply to employees of Custom Rigging & Relocations Pty Ltd who are covered by the agreement. The Commission's decision provides certainty for both the union and the employer and ensures that the employees will have a fair and reasonable enterprise agreement in place.

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