Construction, Forestry and Maritime Employees Union

[2025] FWCA 3315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3279)

ENCORE CRANE SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 2 OCTOBER 2025

Application for approval of the ENCORE CRANE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ENCORE CRANE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers 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 2 October 2025 and, in accordance with s.54 of the Act, will operate from 9 October 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 Construction, Forestry and Maritime Employees Union, on behalf of its members, and Encore Crane Services Pty Ltd, sought approval of their enterprise agreement from the Fair Work Commission. The agreement in question, the ENCORE CRANE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024 - 2027, was the subject of the application. The primary focus of the dispute was to ensure that the proposed terms and conditions of employment, as outlined in the enterprise agreement, were fair and reasonable. The Fair Work Commission was tasked with examining the agreement to determine whether it met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the agreement contained terms that were necessary to protect workers' health and safety, whether the agreement adequately provided for the resolution of disputes, and whether the agreement met the requirements for a modern award. Additionally, the Commission had to consider whether the agreement provided for a safety net of minimum terms and conditions that were no less favourable than those provided for in the relevant modern award.

In examining the agreement, the Fair Work Commission considered the provisions relating to wages, conditions, and dispute resolution mechanisms. The Commission noted that the agreement included provisions for regular wage increases and provisions for leave entitlements that were consistent with industry standards. The agreement also provided for a dispute resolution process that was accessible and efficient. The Commission concluded that the agreement provided for a safety net of minimum terms and conditions that were no less favourable than those provided for in the relevant modern award and that it met the necessary criteria for approval. The Commission approved the agreement, finding that it was fair and reasonable and met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the ENCORE CRANE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024 - 2027. The Commission found that the agreement contained provisions that were necessary to protect workers' health and safety, provided for the resolution of disputes, and met the requirements for a modern award. The agreement was approved, and the parties were directed to take all necessary steps to give effect to the agreement from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established