Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5153)

MC LABOUR SERVICES 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, 24 DECEMBER 2024

Application for approval of the MC Labour Services 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 MC Labour Services 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.

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 24 December 2024.

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) and MC Labour Services Pty Ltd sought approval for the Subcontractors Labour Hire Enterprise Agreement 2024-2026. The agreement pertained to the terms and conditions of employment for labour hire workers in the construction industry. The matter was heard and determined by Commissioner S.G. Madgwick.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement covered the correct bargaining unit, provided for genuine bargaining, and contained all the necessary terms and conditions in line with the provisions of the Act. Furthermore, the Commission needed to consider if the agreement complied with the "better off overall test" (BOOT) and was consistent with the National Employment Standards (NES).

Commissioner Madgwick found that the agreement satisfied the criteria for approval. The CFMEU and MC Labour Services had genuinely bargained over the terms of the agreement, and the agreement covered the appropriate bargaining unit. The Commission also determined that the agreement met the BOOT and included all necessary terms and conditions as required by the Act. The CFMEU and MC Labour Services had demonstrated that the agreement was fair and reasonable for the employees covered by it, and thus, the agreement was approved. The final orders included the approval of the Subcontractors Labour Hire Enterprise Agreement 2024-2026 and its registration with the Fair Work Commission.

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