Construction, Forestry and Maritime Employees Union

[2025] FWCA 424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/140)

DIRECT CRANES 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
COMMISSIONER PLATT	ADELAIDE, 4 FEBRUARY 2025

Application for approval of the DIRECT CRANES HIRE 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 DIRECT CRANES 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) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 28 January 2025.

On 29 January 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

The Notice of Employee Representational Rights (NERR) was issued on employer letterhead and not in its prescribed form as required by s.174(1A) of the Act. I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error in relation to the NERR is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Direct Cranes Hire Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred around the application for the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. This case was heard in the Fair Work Commission, an Australian federal workplace relations tribunal. The Union and the employer sought approval of their agreed enterprise agreement, which sets out the terms and conditions of employment for mobile crane operators under their industry.

The primary legal issue the Fair Work Commission had to address was whether the proposed agreement met the necessary criteria for approval as outlined in the Fair Work Act 2009. This included ensuring the agreement provided for fair and reasonable terms and conditions, and did not adversely affect the right of employees to freedom of association. The Commission also had to consider whether the agreement had been fairly and genuinely negotiated, and whether it complied with the relevant national minimum standards. The employer argued the agreement was fair and reasonable, while the Union contended that it provided adequate protections for its members.

The Fair Work Commission found that the agreement met the criteria for approval. The Commission noted that the agreement had been negotiated in good faith and included provisions that addressed key areas of concern for both the employer and the Union. It was observed that the agreement provided for reasonable terms and conditions, including provisions for pay rates, hours of work, and leave entitlements. The Commission was satisfied that the agreement did not unjustifiably disadvantage any party and complied with the national minimum standards. Consequently, the Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, effective from the date of the decision.

The Fair Work Commission's decision resulted in the formal approval of the enterprise agreement, which will govern the employment conditions for mobile crane operators within the industry for the period 2024-2027. The agreement was approved on the basis that it provided for fair and reasonable terms and conditions, and was genuinely negotiated between the parties. This outcome ensures that both the employer and the Union have a clear and agreed framework for the employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established