Construction, Forestry and Maritime Employees Union

[2025] FWCA 611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/330)

KPI LABOUR HIRE PTY LTD 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, 17 FEBRUARY 2025

Application for approval of the KPI Labour Hire Pty Ltd 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 KPI Labour Hire Pty Ltd 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.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 17 February 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry and Maritime Employees Union (CFMEU) and KPI Labour Hire Pty Ltd applied to the Fair Work Commission for approval of the Subcontractors Labour Hire Enterprise Agreement 2024-2026. The agreement was to govern the employment conditions of subcontractors in the labour hire industry in Victoria. The parties sought the Commission's approval to ensure the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the legislative criteria for an enterprise agreement, including the good faith requirement, and whether it adhered to the provisions of the Fair Work Act. Additionally, the Commission needed to consider whether the agreement addressed the specific needs and interests of the employees and employers within the labour hire industry effectively.

The Commission found that the proposed agreement was made in good faith and met the necessary statutory requirements. It was comprehensive and included provisions on wages, hours of work, leave, and dispute resolution. The agreement was also considered to be fair and reasonable, taking into account the interests of both the employees and employers. After examining the terms and conditions, the Commission was satisfied that the agreement would provide a fair and effective framework for the labour hire industry.

Accordingly, 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 govern the employment conditions of subcontractors in the labour hire industry in Victoria for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established