| [2025] FWCA 760 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/418)
SVENTEK CRANES & RIGGING 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, 27 FEBRUARY 2025 |
Application for approval of the SVENTEK CRANES & RIGGING 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 SVENTEK CRANES & RIGGING 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 27 February 2025 and, in accordance with s.54 of the Act, will operate from 6 March 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE528200 PR784804>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 760
- Case
- [2025] FWCA 760
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission were whether the agreement met the statutory requirements for certification as a registered enterprise agreement. Specifically, the Commission needed to determine if the agreement was fairly and properly negotiated and if it adhered to the provisions of the Fair Work Act, including the inclusion of the relevant employees and employers. Another issue was whether the agreement complied with the Fair Work (Registered Organisations) Act 2009, ensuring the union was eligible to negotiate and certify the agreement.
In reaching its decision, the Commission considered the evidence presented by both parties, including witness statements and the negotiation process. The Commission concluded that the agreement was fairly negotiated and met all statutory requirements for certification. The agreement was comprehensive and covered the necessary provisions as stipulated by the Fair Work Act. Additionally, the union was found to be eligible to negotiate and certify the agreement under the Fair Work (Registered Organisations) Act. Consequently, the Commission approved the agreement as a certified agreement.
The final orders of the Commission were that the SVENTEK CRANES & RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 be approved and registered as a certified agreement under the Fair Work Act 2009. This decision ensures the agreement is legally binding and enforceable between the parties involved.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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