Construction, Forestry and Maritime Employees Union

[2025] FWCA 633

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/363)

ARGUS CONSTRUCTION SERVICES (VIC) PTY LTD T/AS ARGUS LABOUR HIRE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE ENTERPRISE AGREEMENT 2024-2026

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 FEBRUARY 2025

Application for approval of the Argus Construction Services (VIC) Pty Ltd t/as Argus Labour Hire and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Argus Construction Services (VIC) Pty Ltd t/as Argus Labour Hire and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026 (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 18 February 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) and Argus Construction Services (VIC) Pty Ltd for the approval of their Subcontractors Labour Hire Enterprise Agreement 2024-2026. The application was heard in the Fair Work Commission, which is the designated authority under the Fair Work Act 2009 to assess and approve such agreements. The agreement in question was submitted to the Commission by the parties, seeking its endorsement to ensure compliance with the statutory framework governing enterprise agreements.

The primary legal issue before the Commission was whether the proposed agreement met all the necessary requirements under the Fair Work Act. This included determining whether the agreement contained all the prescribed terms and conditions, whether it was made in good faith, and whether it complied with the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission had to consider whether the agreement provided for procedural fairness to the employees covered by it and if the process leading to the agreement's formation was appropriate.

The Fair Work Commission examined the terms of the agreement and the process through which it was made. The Commission found that the agreement contained all the prescribed terms and conditions and was made in good faith. It was also satisfied that the agreement provided for procedural fairness and that the process was appropriate. The Commission concluded that the agreement was in accordance with the legislative framework and approved it, noting that it would protect the rights of the employees while also promoting a fair and productive working relationship between the parties.

The Commission approved the Subcontractors Labour Hire Enterprise Agreement 2024-2026, effective from the date of the decision. This approval ensures that the agreement will be legally binding on the parties and their employees, providing a clear and enforceable framework for their working relationship over the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established