Construction, Forestry and Maritime Employees Union

[2025] FWCA 599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/325)

MCKAY CRANES PTY LTD T/AS MCKAY UNITED CRANE HIRE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 14 FEBRUARY 2025

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

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 14 February 2025 and, in accordance with s.54 of the Act, will operate from 21 February 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval for the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 between McKay Cranes Pty Ltd trading as McKay United Crane Hire and the union. The agreement was proposed to cover employees engaged in the mobile crane hiring industry across Victoria. The primary issue before the Commission was whether the agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees it was meant to cover.

The Commission had to determine if the agreement met the statutory prerequisites under the Fair Work Act 2009, including whether it was made free from any improper conduct, contained the necessary terms and conditions, and was likely to result in improved workplace outcomes. The Commission also considered whether the agreement provided fair and reasonable terms for employees, including adequate protections and benefits. Additionally, the Commission examined if the agreement had been genuinely negotiated between the parties and if the union had properly represented the employees in the bargaining process.

The Commission found that the agreement met the legislative requirements and was in the best interests of the employees. It noted the comprehensive nature of the agreement, which addressed various employment terms and conditions, including wages, working hours, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was the product of genuine negotiations between the parties and that the union had adequately represented its members. Consequently, the Commission approved the agreement, confirming its validity and applicability under the relevant industrial relations laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established