Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4984)

BK LABOUR HIRE 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 BK Labour Hire 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 BK Labour Hire 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

The Construction, Forestry and Maritime Employees Union (CFMEU) and BK Labour Hire Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement. The dispute centred around the terms of the proposed agreement, which covered labour hire workers in the construction industry. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper protection of employee interests, including minimum rates of pay, leave entitlements, and other terms and conditions of employment. The Commission also considered whether the agreement provided for the proper protection of the rights of employees to be free from discrimination and to be protected from unfair dismissal.

The Commission found that the proposed agreement met the criteria for approval. The agreement provided for adequate minimum rates of pay and leave entitlements, as well as protections against discrimination and unfair dismissal. The Commission also found that the agreement provided for proper processes for the resolution of workplace disputes and for the protection of employees' health and safety. The Commission approved the proposed agreement, subject to certain minor modifications.

The Fair Work Commission approved the BK Labour Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026, subject to the modifications made by the Commission. The approved agreement will now apply to labour hire workers in the construction industry in Victoria.

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