Construction, Forestry and Maritime Employees Union

[2025] FWCA 669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/326)

ECH GEELONG PTY LTD T/AS EASTSIDE CRANE HIRE 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 ECH GEELONG PTY LTD T/AS EASTSIDE CRANE HIRE 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 ECH GEELONG PTY LTD T/AS EASTSIDE CRANE HIRE 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Enterprise Agreement between ECH Geelong Pty Ltd trading as Eastside Crane Hire and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the mobile crane hiring industry. The applicant union, CFMEU, sought the agreement's approval under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal criteria for approval, including ensuring that it was a genuine enterprise agreement, covered a relevant bargaining unit, and did not unfairly discriminate against employees.

The legal issues addressed by the Commission involved verifying the agreement's compliance with the Fair Work Act, particularly in terms of its coverage of the appropriate bargaining unit and the absence of unfair discrimination. The Commission examined whether the agreement was genuinely negotiated between the employer and the union, as well as whether it included provisions that might unfairly disadvantage certain employees. Additionally, the Commission assessed whether the agreement adhered to the provisions of the Fair Work (Registered Organisations) Act 2009, ensuring that the union had the requisite membership and authorisation to negotiate on behalf of the employees.

After reviewing the evidence and submissions presented by both parties, the Commission determined that the proposed Enterprise Agreement met the statutory requirements for approval. The agreement was found to be genuinely negotiated, covered the appropriate bargaining unit, and did not contain provisions that unfairly discriminated against any employees. The Commission noted the union's adequate membership and authorisation to negotiate, confirming that the agreement was compliant with the relevant legislation. Consequently, the Commission approved the Enterprise Agreement, effective from the specified period of 2024 to 2027.

The final orders of the Commission included the approval of the Enterprise Agreement between ECH Geelong Pty Ltd trading as Eastside Crane Hire and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the mobile crane hiring industry. The agreement was authorised to commence from the agreed-upon date and was to be binding on the parties involved for the duration of 2024 to 2027. The Commission's decision provided clarity on the legal requirements for Enterprise Agreements and affirmed the union's role in representing its members in such negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established