austlii:cth/FWCA/2025/3675
General information, not legal advice.
FWCA
2025-10-31
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union - Construction and General Division, Western Australia Divisional Branch
URBAN CRANES AND CFMEU (WA) MOBILE CRANE HIRE COLLECTIVE AGREEMENT 2025 - 2028
Application for approval of the Urban Cranes and CFMEU (WA) Mobile Crane Hire Collective Agreement 2025 - 2028
[1] An application has been made for approval of an enterprise agreement known as the Urban Cranes and CFMEU (WA) Mobile Crane Hire Collective Agreement 2025 - 2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 24 October 2025.
[3] On 27 October 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided supporting material which resolved the pre-approval concerns identified.
[4] Despite the agreement title in the Notice of Employee Representational Rights (NERR) differing from that of the Agreement, I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error in relation to the NERR is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.
[5] 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 this organisation.
[6] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
[7] The Agreement is approved and (despite the wording of Clause 5.1 of the Agreement) in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry is 31 December 2028.

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