Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 9

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2024/5178)

PROJECT LABOUR SOLUTIONS PTY TRUST (THE TRUSTEE FOR) T/AS PROJECT LABOUR SOLUTIONS 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, 2 JANUARY 2025

Application for approval of the PROJECT LABOUR SOLUTIONS PTY TRUST (THE TRUSTEE FOR) T/As PROJECT LABOUR SOLUTIONS 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 PROJECT LABOUR SOLUTIONS PTY TRUST (THE TRUSTEE FOR) T/As PROJECT LABOUR SOLUTIONS 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 2 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of a labour hire enterprise agreement between Project Labour Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026. The primary dispute involved the terms and conditions of employment, remuneration, and other related matters for employees engaged by Project Labour Solutions through the CFMEU.

The court needed to determine if the proposed agreement was in compliance with the Fair Work Act 2009. This involved assessing whether the agreement met the requirements for being a "single interest employer agreement" and whether it contained terms that were necessary to prevent, mitigate or resolve an industrial dispute. Additionally, the court considered if the agreement was fair and reasonable in all its aspects.

After reviewing the evidence and submissions, the Fair Work Commission found that the agreement was compliant with the Act and met the necessary criteria for approval. The Commission concluded that the agreement was fair and reasonable, taking into account the interests of both parties and the broader implications for the industry. Consequently, the Fair Work Commission approved the agreement, which would now be applicable for the period of 2024 to 2026.

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