| [2025] FWCA 1021 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/596)
CRANE TECH CRANES & CONSULTING 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, 24 MARCH 2025 |
Application for approval of the CRANE TECH CRANES & CONSULTING 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 CRANE TECH CRANES & CONSULTING 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 notice of employee representational rights that was provided to employees was not in the correct form. In consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.
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 31 March 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
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<AE528446 PR785492>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1021
- Case
- [2025] FWCA 1021
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to consider included whether the agreement met the requirements for a certified agreement, including the process for making the agreement, its coverage of employees, and its compliance with the provisions of the Fair Work Act. The court also needed to examine whether the agreement provided for fair and reasonable terms and conditions, including pay rates, hours of work, leave entitlements, and other relevant terms. The court assessed whether the agreement addressed the needs and interests of both the employer and the employees in a balanced and fair manner.
In its decision, the Fair Work Commission found that the agreement met the statutory requirements and was consistent with the Fair Work Act. The Commission considered the process by which the agreement was made, including the negotiation process and the involvement of relevant parties. The Commission noted that the agreement provided for fair and reasonable terms and conditions, taking into account the specific circumstances of the mobile crane hiring industry. The Commission was satisfied that the agreement provided adequate protections for employees while also recognising the need for flexibility and efficiency in the industry.
The Fair Work Commission approved the CRANE TECH CRANES & CONSULTING PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, certifying it under the Fair Work Act. The Commission's decision ensured that the agreement would provide a stable and fair framework for the employment relationship between the parties for the period specified in the agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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