Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/339)

NEW AGE CRANES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2022-2025

Building services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 FEBRUARY 2025

Application for approval of the New Age Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the New Age Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 19 February 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval of a collective agreement between New Age Cranes Pty Ltd and the union, spanning from 2022 to 2025. The agreement in question was pivotal as it aimed to establish terms and conditions for employees in the crane operating sector, addressing wages, working hours, and other employment-related matters. The union argued that the agreement was reached through proper negotiation processes and was fair and reasonable for both parties involved.

The legal issues before the Commission centred around whether the agreement complied with the Fair Work Act 2009, particularly sections concerning the approval of collective agreements. The Commission had to ensure that the agreement was genuinely negotiated and met the statutory requirements for approval. This involved examining whether the union had represented the employees appropriately, if the terms of the agreement were fair and reasonable, and if the negotiation process adhered to the principles of good faith.

The Commission reviewed the negotiation process and found that the union had adequately represented the employees and that the agreement was negotiated in good faith. The terms of the agreement were deemed fair and reasonable, meeting the statutory requirements under the Fair Work Act. Consequently, the Commission approved the collective agreement, recognising it as a fair and reasonable agreement that appropriately addressed the needs of both employers and employees within the crane operating sector.

The Commission issued its decision approving the New Age Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025, confirming its compliance with the Fair Work Act. The approval ensures that the terms of the agreement will be binding on both parties for the duration specified, providing a framework for employment conditions within the industry.

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