Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/534)

P & D CRANES AUSTRALIA 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, 7 MARCH 2025

Application for approval of the P & D CRANES AUSTRALIA 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 P & D CRANES AUSTRALIA 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 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 7 March 2025 and, in accordance with s.54 of the Act, will operate from 14 March 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 for an enterprise agreement between P & D Cranes Australia Pty Ltd and the union's Victorian Construction and General Division. The agreement aimed to regulate the terms and conditions of employment for mobile crane operators within the specified period. The union argued that the agreement was fair and balanced, reflecting the interests of both parties. Conversely, P & D Cranes Australia Pty Ltd contested the fairness of certain provisions, particularly those related to wages, hours of work, and dispute resolution mechanisms.

The primary legal issues before the commission involved the compliance of the agreement with the Fair Work Act 2009, specifically whether the agreement met the requirements for procedural and substantive fairness. The commission needed to determine whether the agreement was genuinely negotiated, free from any form of coercion, and if it provided a safety net for employees. Additionally, the court had to consider whether the agreement provided for a minimum rate of pay and reasonable working conditions, including adequate rest periods and appropriate leave entitlements.

In examining the agreement, the commission found that the negotiation process was transparent and that both parties had genuinely engaged in the bargaining process. The agreement was deemed to provide a safety net of minimum wages and conditions, ensuring fair and reasonable terms for employees. The commission also noted that the provisions for dispute resolution were adequate and accessible. Given these findings, the commission concluded that the agreement was fair and balanced, meeting all statutory requirements for approval. The agreement was subsequently approved by the Fair Work Commission, effective from the specified period.

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