Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/3150)

THE TRUSTEE FOR EAZ CRANE HIRE UNIT TRUST T/AS EAZ 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
COMMISSIONER MATHESON	SYDNEY, 25 SEPTEMBER 2025

Application for approval of the TRUSTEE FOR EAZ CRANE HIRE UNIT TRUST T/AS EAZ 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 TRUSTEE FOR EAZ CRANE HIRE UNIT TRUST T/AS EAZ CRANE HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 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 case involves the Trustee for the EAZ Crane Hire Unit Trust t/as EAZ Crane Hire Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute concerns the application for approval of the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The case was heard in the Fair Work Commission of Australia.

The primary legal issue the court needed to address was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it provided for the proper and efficient operation of the workplace, and whether it adhered to the relevant minimum standards and entitlements. The court also had to determine if the agreement was fair and reasonable for all parties involved.

The Fair Work Commission found that the proposed enterprise agreement was made in good faith and provided for the proper and efficient operation of the workplace. The agreement was also deemed to comply with the relevant minimum standards and entitlements. The Commission considered the submissions from both parties, the evidence provided, and the broader context of the mobile crane hiring industry. It concluded that the agreement was fair and reasonable, thereby meeting all statutory requirements.

The Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, and the application was successful. The decision recognised the importance of the agreement in maintaining fair and efficient workplace practices within the industry.

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