Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/437)

MARTIN CICERALE GROUP BUSINESS TRUST (THE TRUSTEE FOR) T/AS MCG 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 COLMAN	MELBOURNE, 3 MARCH 2025

Application for approval of the Martin Cicerale Group Business Trust (The Trustee For) T/AS MCG Cranes 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 Martin Cicerale Group Business Trust (The Trustee For) T/AS MCG Cranes 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.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 3 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a new enterprise agreement between MCG Cranes, represented by The Trustee for the Martin Cicerale Group Business Trust, and the Construction, Forestry and Maritime Employees Union (CFMEU) (Victorian Construction and General Division). The parties were before the Fair Work Commission to seek formal approval of their Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The court was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009 and was in the best interest of the employees.

The central legal issues focused on whether the agreement complied with the relevant provisions of the Fair Work Act, particularly the requirements for good faith bargaining and the terms of the agreement itself. The court needed to assess if the agreement was made in good faith, if it addressed the key issues of the agreement, and whether it contained terms that were not contrary to public policy or otherwise unlawful.

The Fair Work Commission found that the agreement had been made in good faith and was in the best interest of the employees. The Commission was satisfied that the agreement was fair and reasonable, and it met all statutory requirements. The agreement covered key aspects of employment, including wages, conditions of work, and other terms and conditions of employment. The Commission also noted that the agreement was comprehensive and addressed all significant issues that were raised during the bargaining process. The Commission approved the agreement, finding that it was in the best interest of the employees and was fair and reasonable.

The final orders of the court approved the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 between MCG Cranes and the CFMEU (Victorian Construction and General Division). The agreement was to be registered and would be in effect from the date of approval until the end of its term on the specified dates. The court's decision provided certainty and stability for both the employer and the employees, ensuring that the terms of their employment were legally recognised and enforceable.

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