Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/305)

ROYAL CRANES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 25 FEBRUARY 2025

Application for approval of the Royal Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Royal Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 17 February 2025.

On 17 February 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Mr Nicholas Salta and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the application were Royal Cranes Pty Ltd, an employer in the construction industry, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), representing the employees. The dispute centred on the approval of a proposed enterprise agreement for subcontractors riggers and steel erectors for the period 2024 to 2027. The matter was brought before the Fair Work Commission, an Australian body responsible for resolving workplace disputes and overseeing the enforcement of workplace laws.

The central legal issues before the court were whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement had been made in good faith, if it contained the required minimum terms and conditions, and if it complied with the provisions regarding the coverage of the agreement and the process for its approval. The court also had to consider if the agreement was in the best interests of the employees it was intended to cover.

In its decision, the Fair Work Commission found that the proposed agreement had been made in good faith and contained the required minimum terms and conditions. The Commission noted that the agreement covered a specific group of employees, namely subcontractors riggers and steel erectors, and that the process for its approval had been followed correctly. The Commission concluded that the agreement was in the best interests of the employees it was intended to cover, as it provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission approved the enterprise agreement, and it came into effect from the date of the decision.

The final orders of the court were that the Royal Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027 was approved and would be registered by the Fair Work Commission. The agreement would apply to the relevant employees from the date of the decision and would remain in effect until the end of the specified period or until it was varied or replaced by a new agreement.

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