Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 24

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5206)

BRINZCON GROUP 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 MASSON	MELBOURNE, 3 JANUARY 2025

Application for approval of the BRINZCON GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026

An application has been made for approval of an enterprise agreement known as the BRINZCON GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026 (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 Agreement is a single enterprise agreement.

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 notification time for the Agreement under s.173(2) was 18 June 2024 and the Agreement was made on 11 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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 material submitted with the application indicates that employees were not notified of the method of the ballot at least 7 full calendar days prior to the vote and as such, does not meet Principle 16 of the Statement of Principles. I am nonetheless satisfied that the Agreement was genuinely agreed to having regard to Principle 19, specifically that the Construction, Forestry and Maritime Employees Union does not hold concerns that the Agreement was not genuinely agreed.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 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 case involved an application for the approval of the BRINZCON GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026. The parties involved were the BRINZCON GROUP PTY LTD, represented by their employer, and the Construction, Forestry and Maritime Employees Union (CFMEU) acting on behalf of their employees. The dispute centred around the proposed enterprise agreement, which sought to outline the terms and conditions of employment for labour hire workers over a three-year period. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues that the court had to address were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, and if it was in the best interests of the employees. Specifically, the court had to consider if the agreement provided adequate protections and entitlements for the workers, and if it adhered to the statutory requirements for enterprise agreements under the Fair Work Act.

In reaching its decision, the court examined the proposed agreement in detail, considering both the substantive provisions and the process by which the agreement was negotiated and agreed upon. The court assessed whether the agreement met the criteria for approval, including whether it provided for the proper protection of employees' rights and interests, and whether it was made in good faith and without coercion. The court also took into account any relevant precedents and guidelines provided by the Fair Work Act and the Fair Work Commission's previous decisions.

Ultimately, the court found that the proposed enterprise agreement complied with the relevant statutory requirements and was in the best interests of the employees. The court approved the agreement, acknowledging the efforts made by both parties in reaching a fair and balanced outcome for the labour hire workers. The final orders included the approval of the BRINZCON GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026, effective from the date of the court's decision.

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