| [2025] FWCA 830 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/348)
TOP UP LABOUR AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE ENTERPRISE AGREEMENT 2024-2026
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 6 MARCH 2025 |
Application to approve the TOP UP LABOUR and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026
An application has been made for approval of an enterprise agreement known as the TOP UP LABOUR and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026 (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.
The notice of employee representational rights that was provided to employees was not in the correct form. In consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.
Subject to the Undertakings, and 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 13 March 2025. The nominal expiry date of the Agreement is 29 May 2026.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 830
- Case
- [2025] FWCA 830
- Decision Date
CaseChat Overview and Summary
The legal issues the Commission was required to determine included whether the proposed agreement was a "single-enterprise agreement," if it complied with the relevant provisions of the Fair Work Act, and if it met the criteria for good faith bargaining. The Commission also needed to assess whether the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, and other employment conditions. Additionally, the Commission had to consider whether the agreement adequately addressed the needs of both the employers and employees within the specified industry.
The Fair Work Commission found that the proposed agreement was a genuine single-enterprise agreement that complied with the statutory requirements. The Commission confirmed that the agreement met the good faith bargaining criteria and provided for fair and reasonable terms and conditions of employment. The Commission emphasised the importance of the agreement in addressing the specific needs of the subcontractors and the broader construction industry. Ultimately, the Commission approved the agreement for registration under the Fair Work Act 2009, effective from the specified period.
The Fair Work Commission granted the application for approval of the TOP UP LABOUR and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026. The agreement was registered and will govern the employment terms and conditions for subcontractors in the Victorian construction industry from the effective date of the agreement.
Orders
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Background
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Evidence
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Decision
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