Construction, Forestry and Maritime Employees Union

[2025] FWCA 3352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3355)

TURBITT & MILLER CRANE HIRE 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 COLMAN	MELBOURNE, 7 OCTOBER 2025

Application for approval of the Turbitt & Miller Crane Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Turbitt & Miller Crane Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 7 October 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Turbitt & Miller Crane Hire Pty Ltd, which sought approval for their proposed enterprise agreement for the mobile crane hiring industry. The Fair Work Commission was tasked with assessing the fairness and compliance of the proposed agreement, which covered the period 2024 to 2027. The dispute centred on the fairness of the terms and conditions set out in the agreement, including wages, hours of work, and other employment-related matters.

The key legal issues before the court were whether the proposed agreement met the criteria for being deemed "fair" under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions, taking into account the needs of both employees and employers, and whether it complied with the "better off overall test." This test ensures that employees are not worse off financially by being covered under the agreement compared to if they were not.

In delivering its decision, the Fair Work Commission thoroughly examined the proposed agreement against the statutory criteria. The court considered submissions from both parties and relevant industry benchmarks. Ultimately, the Commission found that the agreement was fair and met the requirements of the Act. It was noted that the agreement provided for reasonable terms and conditions and that employees would not be worse off overall. The Commission approved the proposed agreement, which will now apply to the mobile crane hiring industry for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established