Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/399)

BOSFORM LABOUR HIRE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 FEBRUARY 2025

Application for approval of the Bosform Labour Hire Pty Ltd and CFMEU Union Collective Agreement 2023–2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Bosform Labour Hire Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (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 25 February 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of a proposed collective agreement with Bosform Labour Hire Pty Ltd for the period 2023–2027. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest, did not undermine the operation of the enterprise agreement and if it adhered to the relevant provisions of the Fair Work Act.

The Commission considered the provisions of the Fair Work Act and the principles of enterprise bargaining. The Commission assessed the balance of rights and obligations in the agreement, the fairness of the terms and conditions, and the impact on the workforce. The Commission also examined whether the agreement promoted productivity and economic efficiency, and if it adequately protected employees’ rights and interests. The Commission noted that the agreement provided for reasonable terms and conditions, including provisions for wages, hours of work, leave, and dispute resolution mechanisms. The Commission was satisfied that the agreement was not detrimental to the public interest, did not undermine the operation of the enterprise agreement, and was in compliance with the Fair Work Act. The Commission found that the proposed agreement met the necessary criteria for approval.

In light of the findings, the Commission approved the Bosform Labour Hire Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The approval ensures that the agreement is legally binding on the parties and provides a framework for the employment relationship between Bosform Labour Hire Pty Ltd and its employees represented by the CFMEU. The approved agreement sets out the terms and conditions of employment for the specified period and provides a basis for resolving any disputes that may arise during that time.

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