Construction, Forestry and Maritime Employees Union

[2025] FWCA 391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5117)

ARGUS LABOUR HIRE (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JANUARY 2025

Application for approval of the Argus Labour Hire (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of a greenfields agreement known as the Argus Labour Hire (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The Agreement was made on 18 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2025. The nominal expiry date of the Agreement is 4 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Argus Labour Hire (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027. The primary dispute involved the terms and conditions of employment within the labour hire industry in New South Wales. The FWC was tasked with determining whether the agreement complied with the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement provided for a proper balance between the rights and obligations of employers and employees, and whether it adhered to the statutory requirements for collective agreements. The FWC examined the fairness of the agreement, considering the bargaining power of the parties, the nature of the industry, and the implications for employees' working conditions and protections.

The FWC found that the agreement was fair and reasonable, taking into account the specific circumstances of the labour hire industry. The commission noted the importance of providing certainty and security for employees while also recognising the operational needs of the employer. The FWC approved the agreement, highlighting that it met the statutory requirements and provided a balanced approach to the rights and obligations of both parties. The FWC's decision was based on a thorough analysis of the agreement's provisions and the broader context in which it was negotiated and intended to operate.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established