Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3077)

PROJECT LABOUR SOLUTIONS PTY LTD AS TRUSTEE FOR PROJECT LABOUR SOLUTIONS TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 SEPTEMBER 2023

Application for approval of the PROJECT LABOUR SOLUTIONS PTY LTD AS TRUSTEE FOR PROJECT LABOUR SOLUTIONS TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the PROJECT LABOUR SOLUTIONS PTY LTD AS TRUSTEE FOR PROJECT LABOUR SOLUTIONS TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023 (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, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining and Energy 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Project Labour Solutions Pty Ltd as Trustee for the Project Labour Solutions Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023. The application was brought under the Fair Work Act 2009, seeking the court's endorsement of the proposed enterprise agreement as a registered agreement. The legal issues at hand required the court to determine whether the agreement complied with the procedural and substantive requirements of the Act, including considerations of whether it was fairly negotiated, contained necessary provisions, and was in the best interests of the employees it was intended to cover.

The court meticulously reviewed the evidence and submissions to ascertain the fairness of the negotiation process and the contents of the agreement. It examined whether the agreement satisfied the statutory criteria for approval, including the provision of adequate terms and conditions for employees, and whether it was genuinely negotiated between the employer and the union. The court also assessed whether the agreement would promote harmonious, productive and cooperative workplace relations. In reaching its decision, the court found that the application met all the necessary requirements for approval, and the proposed enterprise agreement was accordingly endorsed as a registered agreement.

Given the findings, the court approved the Project Labour Solutions Pty Ltd as Trustee for the Project Labour Solutions Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023. The agreement was registered, making it legally binding on the parties involved and applicable to the employees it covered. This decision provided certainty and stability in the labour relations between the employer and the union, ensuring that the terms and conditions outlined in the agreement would be enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established