Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4537)

ACR 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 COLMAN	MELBOURNE, 26 NOVEMBER 2024

Application for approval of the ACR Crane Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the ACR Crane 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). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 26 November 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter were the Construction, Forestry and Maritime Employees Union, and ACR Crane Hire Pty Ltd, along with the CFMEU (Victorian Construction and General Division). The dispute involved the application for approval of the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The matter was heard in the Fair Work Commission. The primary legal issue before the court was whether the proposed enterprise agreement should be approved, considering all relevant legal criteria. This involved examining if the agreement met the standards set out under the Fair Work Act 2009, including whether it promoted simplicity, certainty, and flexibility in the workplace. The court had to consider if the agreement was free from any unfair content, and if it provided for minimum rates of pay and conditions that were no less favourable than the applicable national safety and wage system.

The court examined the arguments and submissions from both parties, taking into account the broader economic context and the interests of employees and employers. It found that the proposed agreement satisfied the statutory requirements for approval. The agreement was deemed to promote the simplicity, certainty, and flexibility of the industrial relations system, and it did not contain any unfair provisions. The minimum rates of pay and conditions were found to be no less favourable than those provided under the relevant national safety and wage system. Given these findings, the court concluded that the agreement met all the necessary criteria for approval. Therefore, the court approved the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027.

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