Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/799)

BAMARA 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
COMMISSIONER LEE	MELBOURNE, 1 APRIL 2025

Application for approval of the BAMARA 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 BAMARA 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). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 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 case before the Fair Work Commission involved an application for approval of an enterprise agreement between BAMARA CRANES PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The nature of the dispute was focused on whether the terms of the proposed Mobile Crane Hiring Industry Enterprise Agreement for 2024-2027 complied with the necessary legal standards and obligations under the Fair Work Act 2009. The court in this instance was the Fair Work Commission, tasked with ensuring that the agreement met all regulatory requirements before it could be approved and enforced.

The legal issues the court needed to decide centred on whether the agreement adhered to the formal requirements of the Fair Work Act, including the necessity of a genuine bargaining process, the absence of prohibited content, and whether it complied with the applicable minimum standards. Additionally, the court examined whether the agreement was likely to achieve its stated purpose of providing fair and reasonable terms of employment for the workers involved, and if it met the broader objectives of the Fair Work Act, such as promoting harmonious, productive, and cooperative workplace relations.

In reaching its decision, the Fair Work Commission thoroughly reviewed the content of the agreement, the process through which it was negotiated, and the evidence provided by both parties. The Commission found that the agreement satisfied all formal requirements and was likely to achieve its intended purpose. The Commission confirmed that the agreement had been genuinely bargained and did not contain any prohibited content. Furthermore, it was determined that the agreement met all minimum standards and was conducive to fostering positive workplace relations. Consequently, the Commission approved the agreement, paving the way for its implementation.

The final orders of the Commission included the approval of the BAMARA CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, with the effective date set from the date of the Commission's decision. This ruling provided certainty and legal backing to the agreement, allowing it to be enforced as a binding contract between the parties involved.

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