Construction, Forestry and Maritime Employees Union

[2025] FWCA 584

[2025] FWCA 584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/242)

CONSTRUCTION CONTRACT LABOUR (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTOS LABOUR HIRE ENTERPRISE AGREEMENT 2024 - 2026

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 13 FEBRUARY 2025

Application for approval of the CONSTRUCTION CONTRACT LABOUR (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026

1. An application has been made for approval of an enterprise agreement known as the

CONSTRUCTION CONTRACT LABOUR (VIC) PTY LTD 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.

1. The Form F17B filed in support of the application indicates that at the time of the vote 98 employees were casual, 57 of whom were casual, that 66 employees cast a valid vote and 66 voted to approve the Agreement. The Commission sought further information addressing whether the casual employees who voted were employed at the time and entitled to vote. In response the Applicant provided copies of payslips in respect of its casual employees, including payslips which established that 39 casual employees were rostered to work during the access period.  I am satisfied based on those additional materials, and taking into account the number of casuals who were employed at the time and entitled to vote, that a majority of those employees who cast a valid vote approved the agreement.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2025. The nominal expiry date of the Agreement is 29 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE528032 PR784353>