Construction, Forestry and Maritime Employees Union

[2025] FWCA 730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/389)

ACCESS 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
COMMISSIONER LEE	MELBOURNE, 25 FEBRUARY 2025

Application for approval of the ACCESS 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 ACCESS 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). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, along with other relevant parties, applied for the approval of the ACCESS CRANES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The dispute centred around the fairness and appropriateness of the terms and conditions outlined within the agreement, which was to govern the employment relationship between the employer and the union for the specified period.

The primary legal issues before the Commission were whether the agreement complied with the relevant legislative provisions, including the Fair Work Act 2009, and whether it was genuinely an enterprise agreement. This involved examining if the agreement covered all necessary terms, was free from prohibited content, and if it had been genuinely agreed upon by the parties involved. The Commission also needed to determine if the agreement was in the best interests of the employees and whether it met the standard of being a "better off overall test" compared to the applicable awards.

After reviewing the submissions and evidence presented by both parties, the Commission found that the agreement was compliant with the Fair Work Act 2009 and met the necessary criteria for approval. The Commission was satisfied that the agreement was genuinely an enterprise agreement, covered all required terms, and was free from prohibited content. Furthermore, it was determined that the agreement was in the best interests of the employees and met the "better off overall test" standard. Based on these findings, the Commission approved the agreement, confirming its validity and enforceability.

The final orders of the Commission included the approval of the ACCESS CRANES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, effective from the date of approval. The agreement was to be registered and published as required by law, ensuring its enforceability and providing a clear framework for the employment relationship between the employer and the union for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established