Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/741)

NSW CRANES PTY LIMITED T/AS WGC CRANES 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, 27 MARCH 2025

Application for approval of the NSW CRANES PTY LIMITED T/AS WGC CRANES 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 NSW CRANES PTY LIMITED T/AS WGC CRANES 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 27 March 2025 and, in accordance with s.54 of the Act, will operate from 3 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 case before the court involved an application for the approval of the NSW Cranes Pty Limited T/A WGC Cranes and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The applicant, NSW Cranes Pty Limited T/A WGC Cranes, sought the court's endorsement of the negotiated agreement, which outlined the terms and conditions of employment for the employees within the mobile crane hiring industry. The respondents, the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), did not oppose the application.

The primary legal issues before the court were whether the agreement met the criteria for endorsement under the relevant legislation and whether the negotiation process complied with the procedural requirements. The court needed to ensure that the agreement was genuinely negotiated and that it did not contain any provisions that were contrary to public policy or would have an adverse effect on the employees or employers. Furthermore, the court had to assess whether the agreement provided for the resolution of future disputes and whether it included provisions for the protection of employees' rights.

The court, after reviewing the evidence and submissions, found that the agreement satisfied the criteria for endorsement. The court determined that the agreement was genuinely negotiated between the parties and that it contained provisions for the resolution of future disputes. Additionally, the court confirmed that the agreement did not contain any provisions that were contrary to public policy or would have an adverse effect on the employees or employers. The court also noted that the agreement included provisions for the protection of employees' rights, including provisions for minimum wage rates, penalties for breaches, and procedures for handling grievances.

As a result, the court approved the application for the endorsement of the NSW Cranes Pty Limited T/A WGC Cranes and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The agreement, once approved, will govern the terms and conditions of employment for the employees within the mobile crane hiring industry for the duration of the agreement.

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