Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/144)

METCALF CRANE SERVICES 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 LEE	MELBOURNE, 30 JANUARY 2025

Application for approval of the METCALF CRANE SERVICES 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 METCALF CRANE SERVICES 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.

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 6 February 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) concerns the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 between Metcalf Crane Services Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) (CFMEU). The FWC was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be approved and registered as a registered agreement. The legal issues before the Commission included whether the agreement complied with the procedural requirements, whether it contained the prescribed minimum terms and conditions, and whether it was in the interests of the employees and the employers.

The FWC examined the procedural fairness of the agreement, finding that the CFMEU had followed the necessary processes to secure employee support for the agreement. The Commission also considered whether the agreement contained the prescribed minimum terms and conditions as required by the Fair Work Act. The FWC found that the agreement met all the necessary criteria, including provisions for minimum wages, leave entitlements, and other essential employment conditions. Furthermore, the Commission assessed whether the agreement was in the interests of the employees and employers, considering factors such as the balance of benefits and protections provided by the agreement, and whether it promoted harmonious, productive, and cooperative workplace relations.

Based on the analysis, the FWC determined that the agreement satisfied all the legal requirements for approval and registration. The FWC approved the agreement, and it was registered on the Register of Approved Agreements. The decision confirmed that the agreement provided a fair and reasonable framework for the employment of workers in the mobile crane hiring industry, and it was in the best interests of both the employees and employers. The Commission's decision provides clarity and certainty for parties involved in the mobile crane hiring industry, ensuring that the agreement will govern the terms and conditions of employment 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