Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/329)

WOMEN IN CONSTRUCTION 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 Women in Construction 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 Women in Construction 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

The Construction, Forestry and Maritime Employees Union (CFMEU) and Women in Construction Pty Ltd sought approval for the Subcontractors Labour Hire Enterprise Agreement 2024-2026. The application was made to the Fair Work Commission, which has the authority to approve such agreements if they meet specific criteria under the Fair Work Act 2009. The dispute centred around whether the agreement provided for the fair remuneration and conditions of employment for workers in the labour hire industry, as required by the legislation.

The primary legal issue the Commission had to determine was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly sections relating to the "better off overall test" and the "no-disadvantage test." The Commission needed to assess if the agreement ensured that employees would not be worse off financially and that it did not disadvantage workers in comparison to those not covered by the agreement. Additionally, the Commission considered whether the agreement addressed the specific needs and protections of workers in the labour hire sector, such as those associated with precarious employment.

In its decision, the Fair Work Commission found that the proposed agreement met the necessary standards under the Fair Work Act. The Commission determined that the agreement provided for fair remuneration and conditions that were not worse than those currently enjoyed by the employees. It also found that the agreement did not disadvantage workers and included provisions that specifically addressed the unique challenges faced by labour hire workers. The Commission approved the agreement, noting the collaborative efforts of both parties in developing a fair and comprehensive document that met the statutory requirements.

The Commission's final order was to approve the Subcontractors Labour Hire Enterprise Agreement 2024-2026, effective from the date of the decision. This approval ensures that the agreement is legally binding and enforceable, providing a framework for fair employment practices in the labour hire industry for the specified period.

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