Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/230)

RIGWELD CRANE HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2025

Application for approval of the Rigweld Crane Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Rigweld Crane Hire Pty Ltd 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). 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 11 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) and Rigweld Crane Hire Pty Ltd applied for the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The agreement was subject to scrutiny for compliance with the Fair Work Act 2009 and relevant regulations. The primary legal issues revolved around whether the agreement met the criteria for genuine bargaining, provided fair and reasonable terms, and adhered to procedural fairness. The court had to consider if the agreement was made in good faith and whether it contained provisions that were genuinely bargained for by both parties. Additionally, the court examined if the agreement ensured procedural fairness, particularly in relation to employee representation and participation during the bargaining process.

The Commission carefully reviewed the evidence presented by both parties to determine if the agreement was genuinely negotiated. It assessed if the terms and conditions were fair and reasonable, taking into account the economic circumstances of the industry and the needs of the employees. The court also evaluated whether the bargaining process complied with procedural fairness, ensuring that employees had a genuine opportunity to participate in the negotiation process. Ultimately, the Commission found that the agreement was made in good faith and contained genuinely bargained terms. The court was satisfied that the agreement provided fair and reasonable terms and that procedural fairness was observed throughout the bargaining process.

As a result of the findings, the Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The agreement was deemed to comply with all relevant legal requirements and was recognised as a valid enterprise agreement under the Fair Work Act 2009. The court's decision provided clarity and certainty for both the CFMEU and Rigweld Crane Hire Pty Ltd, ensuring that the terms of the agreement would govern the employment conditions of workers 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