Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4482)

COLLECTIVE 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 MASSON	MELBOURNE, 31 JANUARY 2025

Application for approval of the Collective Crane 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 Collective Crane Hire Pty Ltd 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). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 9 August 2024 and the Agreement was made on 7 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 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

The Construction, Forestry and Maritime Employees Union (CFMEU) sought approval of the Collective Crane Hire Pty Ltd and CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The application was brought before the Fair Work Commission. The primary dispute involved whether the enterprise agreement met the requirements under the Fair Work Act 2009, particularly in terms of procedural fairness and whether it provided for a fair and efficient workplace. The legal issues revolved around whether the agreement was genuinely bargained, if it included all necessary provisions for a fair workplace, and if it adhered to the procedural requirements set forth in the Act.

The Fair Work Commission examined the processes undertaken to ensure genuine bargaining, including whether there was meaningful consultation between the parties. The Commission also assessed whether the agreement included provisions that ensured fair and efficient workplaces, such as those relating to wages, conditions, and dispute resolution mechanisms. Furthermore, the Commission considered if the agreement met the procedural requirements, including notice and opportunity to be heard, as well as whether the agreement was appropriately certified.

After careful consideration, the Fair Work Commission determined that the enterprise agreement was genuinely bargained and met all necessary statutory requirements. The Commission found that the agreement included comprehensive provisions that ensured a fair and efficient workplace, including provisions for wages, hours of work, and dispute resolution. The Commission also confirmed that the procedural requirements were met, with adequate notice and opportunity to be heard provided to the relevant parties. Therefore, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission's decision resulted in the approval of the Collective Crane Hire Pty Ltd and CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the parties 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