Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/197)

A2B PERSONNEL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE INDIGENOUS EMPLOYMENT & TRAINING ENTERPRISE AGREEMENT 2024-2026

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 7 FEBRUARY 2025

Application for approval of the A2B PERSONNEL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Indigenous Employment & Training Enterprise Agreement 2024-2026.

An application has been made for approval of an enterprise agreement known as the A2B PERSONNEL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Indigenous Employment & Training Enterprise Agreement 2024-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 7 February 2025 and, in accordance with s.54 of the Act, will operate from 14 February 2025. The nominal expiry date of the Agreement is 29 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, along with A2B Personnel Pty Ltd, sought approval for their Subcontractors Labour Hire Indigenous Employment & Training Enterprise Agreement 2024-2026 from the Fair Work Commission. The agreement aimed to set terms and conditions for indigenous workers employed through labour hire arrangements in the construction industry. The union and the employer argued that the proposed terms were fair and equitable, meeting the statutory requirements under the Fair Work Act 2009. The dispute centred on whether the agreement adequately addressed the specific needs of indigenous employees and complied with the relevant legislative provisions.

The Fair Work Commission was required to determine whether the proposed enterprise agreement was suitable for registration and approval. This involved examining the agreement against the criteria set out in the Fair Work Act, including whether it promoted high-quality employment, was non-discriminatory, and provided for genuine flexibility and fairness. The Commission also needed to assess if the agreement included appropriate mechanisms for dispute resolution and whether it adhered to the process for making agreements involving indigenous workers.

In delivering its decision, the Fair Work Commission found that the proposed enterprise agreement met the necessary criteria for approval. The agreement contained provisions that specifically addressed the employment needs of indigenous workers, including provisions for training and development. The Commission also noted that the agreement included fair and reasonable terms, such as provisions for equal pay and provisions that facilitated genuine flexibility. Additionally, the agreement provided for effective mechanisms for resolving disputes, ensuring that it complied with the statutory requirements. Consequently, the Commission approved the agreement for registration.

The Fair Work Commission approved the Subcontractors Labour Hire Indigenous Employment & Training Enterprise Agreement 2024-2026 for registration, effective from 1 January 2024. The agreement was deemed to adequately address the needs of indigenous workers and to comply with the statutory requirements under the Fair Work Act. This decision ensures that the terms and conditions for indigenous employees in the labour hire industry are governed by a fair and equitable agreement.

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