Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/137)

JY CRANES BUSINESS TRUST T/AS JOHNSON & YOUNG CRANES 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, 29 JANUARY 2025

Application for approval of the JY Cranes Business Trust t/as Johnson & Young Cranes 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 JY Cranes Business Trust t/as Johnson & Young Cranes 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, and 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 29 January 2025 and, in accordance with s.54 of the Act, will operate from 5 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 matter before the court involved an application for the approval of a proposed enterprise agreement between the JY Cranes Business Trust, trading as Johnson & Young Cranes, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The union and the employer sought approval of the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The court was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for approval. The court had to assess whether the agreement was in the best interests of the employees covered by it, and whether it was free from any prohibited content. Additionally, the court needed to consider whether the agreement was negotiated in good faith and whether it included appropriate processes for the resolution of future workplace disputes.

The court found that the proposed enterprise agreement complied with the relevant statutory requirements. It determined that the agreement was in the best interests of the employees, was free from any prohibited content, and had been negotiated in good faith. The court also found that the agreement contained appropriate processes for the resolution of future workplace disputes. Consequently, the court approved the agreement and noted that it would be registered with the Fair Work Commission.

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