Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/336)

NOLIMIT CRANES 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 MATHESON	SYDNEY, 20 FEBRUARY 2025

Application for approval of the NOLIMIT CRANES 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 NOLIMIT CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 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 this matter, the Construction, Forestry and Maritime Employees Union sought approval of an enterprise agreement between NOLIMIT CRANES PTY LTD and the CFMEU (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for approval. The agreement in question pertains to the mobile crane hiring industry and outlines terms and conditions of employment for the period 2024 to 2027.

The primary legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement was made in good faith and whether it contained the essential minimum terms as outlined in the Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and if it provided for a fair and efficient workplace.

The Commission examined the evidence and submissions presented by both parties. It considered the negotiation process, the content of the agreement, and its alignment with the statutory requirements. The Commission found that the agreement was made in good faith and included the essential minimum terms. The Commission also determined that the agreement was in the best interests of the employees, providing them with fair and reasonable terms of employment. Based on these findings, the Commission approved the enterprise agreement.

Accordingly, the Fair Work Commission approved the NOLIMIT CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, finding it to be compliant with the requirements of the Fair Work Act 2009.

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