Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/483)

BRENT COLEMAN FAMILY TRUST (THE TRUSTEE FOR) T/As B AND M 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 MASSON	MELBOURNE, 3 MARCH 2025

Application for approval of the BRENT COLEMAN FAMILY TRUST (THE TRUSTEE FOR) T/As B AND M CRANES and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027

[1] An application has been made for approval of an enterprise agreement known as the BRENT COLEMAN FAMILY TRUST (THE TRUSTEE FOR) T/As B AND M 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). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 January 2025 and the Agreement was made on 13 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 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

The matter before the Fair Work Commission involved an application by the Brent Coleman Family Trust, trading as B and M Cranes, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the approval of their proposed Mobile Crane Hiring Industry Enterprise Agreement for the years 2024 to 2027. The applicant union, CFMEU, sought to have the agreement recognised as a suitable bargaining agreement under the Fair Work Act 2009.

The central legal issues for the Commission to determine were whether the proposed agreement complied with the requirements of section 230 of the Act, including whether it was a genuine agreement and whether it contained the necessary minimum terms and conditions as stipulated in the Fair Work Act. The Commission also had to consider whether the agreement provided for proper processes for its variation and termination, and whether it was free from any invalid provisions.

After reviewing the application and the proposed agreement, the Commission found that the agreement was genuine and met the necessary criteria under the Fair Work Act. The Commission noted that the agreement included all the mandated minimum terms and conditions, and it provided for appropriate processes for variation and termination. The Commission determined that the agreement did not contain any invalid provisions and was, therefore, suitable for approval. As a result, the Fair Work Commission approved the proposed Mobile Crane Hiring Industry Enterprise Agreement for the period from 2024 to 2027.

In its decision, the Commission made orders approving the proposed agreement as a suitable bargaining agreement under the Fair Work Act. The agreement was to be registered and published as required by the Act, and the Commission directed that the agreement would be in effect from the date of the decision, pending any potential objections or further applications.

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