Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/312)

ASSOCIATED RIGGING AUSTRALIA PTY LTD AS TRUSTEE FOR THE ASSOCIATED RIGGING AUSTRALIA UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2024-2027

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

Application for approval of the ASSOCIATED RIGGING AUSTRALIA PTY LTDAS TRUSTEE FOR THE ASSOCIATED RIGGING AUSTRALIA UNIT TRUST 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 ASSOCIATED RIGGING AUSTRALIA PTY LTDAS TRUSTEE FOR THE ASSOCIATED RIGGING AUSTRALIA UNIT TRUST 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) 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 14 February 2025.

On 14 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 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

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CaseChat Overview and Summary

The parties involved in this case were the Associated Rigging Australia Pty Ltd, as trustee for the Associated Rigging Australia Unit Trust, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred on the proposed enterprise agreement, specifically the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The matter was brought before the Fair Work Commission, which holds the jurisdiction to approve or reject enterprise agreements.

The primary legal issue before the Fair Work Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. This required the Commission to examine if the agreement was made in the spirit of the Act, which emphasises cooperative and constructive industrial relations. The Commission also needed to consider if the agreement provided fair and reasonable terms and conditions for the employees involved and whether it adhered to the provisions of the Act regarding the scope and content of such agreements.

In delivering its decision, the Fair Work Commission conducted a thorough analysis of the proposed agreement, taking into account the submissions from both parties. The Commission assessed the fairness and reasonableness of the terms and conditions proposed, ensuring they met the legislative requirements. The Commission also examined if the agreement complied with the overarching objectives of the Fair Work Act, which include promoting productivity, fairness, and flexibility in the workplace. Ultimately, the Commission found that the agreement satisfied the necessary criteria and approved the proposed Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The approval ensures that the agreement will now provide the framework for employment conditions in the mobile crane hiring industry for the specified period.

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