Construction, Forestry and Maritime Employees Union

[2024] FWCA 4690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5216)

OCC SERVICES PTY LTD T/AS OCC LABOUR SERVICES 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 OCC Services Pty Ltd T/As OCC Labour Services 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 OCC Services Pty Ltd T/As OCC Labour Services 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 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 OCC Services Pty Ltd T/As OCC Labour Services sought approval of their Enterprise Agreement. The dispute centred around the terms and conditions of employment for subcontractors engaged by OCC Labour Services. The Commission was tasked with ensuring the agreement complied with the Fair Work Act 2009 and was in the best interests of the employees. The legal issues before the Commission included whether the agreement met the requirements for coverage, notice, and bargaining, and whether it provided for fair and reasonable terms and conditions of employment.

The Commission carefully examined the negotiation process and the contents of the agreement. It considered whether the agreement was made in good faith and whether it included essential terms such as minimum wages, hours of work, and leave entitlements. The Commission also assessed whether the agreement provided for a fair and efficient system of dispute resolution. After reviewing submissions and evidence from both parties, the Commission concluded that the agreement was properly negotiated and met the legislative requirements. The terms of the agreement were deemed fair and reasonable, providing adequate protections for the employees.

Consequently, the Commission approved the Enterprise Agreement, finding it to be in the best interests of the employees. The approval was based on the comprehensive review of the negotiation process, the contents of the agreement, and its compliance with the Fair Work Act. The Commission's decision was guided by the principles of fairness and the need to balance the interests of both employers and employees. The final orders included the formal approval of the OCC Labour Services and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established