Construction, Forestry and Maritime Employees Union v GC Crane Hire Pty Ltd as Trustee for GA Caelli Discretionary Trust
Citation: [2026] FCA 793
At a glance
- Penalty
- $5,084
- Employees affected
- 2
- Awards cited
- MA000017
What happened
Leonard Auld and Peter McHenry were employees of GC Crane Hire, a crane hire business. They were made redundant on September 27, 2023. The Construction, Forestry and Maritime Employees Union (the Union) alleges that GC Crane Hire breached the Enterprise Agreement (EA), resulting in underpayments and other issues related to their termination. GC Crane Hire admits some of the underpayment conduct but disputes certain aspects of the claims regarding notice periods, redundancy payments, and accrued leave entitlements. The dispute involves interpreting clauses within the EA concerning notice periods, severance pay, personal/carer’s leave, and 'waiting time' entitlements.
What was decided
The Federal Court found in part for the Union. GC Crane Hire was ordered to pay $5,084.30 to Leonard Auld and $7,130.42 to Peter McHenry, along with interest. The court determined that some of GC Crane Hire’s actions constituted breaches of the Enterprise Agreement. Further hearings are scheduled to address remaining disputed matters related to compensation and interpretation of the EA clauses.
What it means for employers
Employers should carefully review their enterprise agreements and ensure compliance with all clauses, particularly those relating to redundancy processes, notice periods, leave entitlements, and payment obligations upon termination. Clear communication and consultation with employees during redundancies are essential to avoid legal disputes.
What it means for employees
Employees should be aware of their rights under enterprise agreements and relevant legislation. If they believe their employer has not complied with the agreement or applicable laws, they can seek assistance from a union or pursue legal action.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections