DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4919)

TOP UP LABOUR HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JANUARY 2020

Application for approval of the TOP UP LABOUR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019-2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the TOP UP LABOUR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019-2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 3 January 2020 and, in accordance with s 54, will operate from 10 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the TOP UP LABOUR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019-2020. This agreement sought to govern the terms and conditions of employment for workers in the labour hire industry. The application was made under the Fair Work Act 2009, which mandates that enterprise agreements must meet certain criteria before they can be approved. The primary dispute centred on whether the agreement complied with the requirements of the Act and whether it was fair and reasonable in terms of the provisions it contained.

The legal issues before the court were whether the agreement adequately addressed minimum entitlements, whether it contained appropriate mechanisms for resolving disputes, and whether it was certified without improper conduct. Additionally, the court had to assess whether the agreement met the formal requirements, such as being in writing and containing necessary particulars. The CFMEU argued that the agreement was fair and reasonable, while TOP UP LABOUR HIRE PTY LTD sought to ensure that the agreement met all legal requirements.

The Fair Work Commission found that the agreement was compliant with the necessary legal requirements and was fair and reasonable. The agreement contained provisions that addressed minimum entitlements and included dispute resolution mechanisms. The Commission was satisfied that the agreement was certified without any improper conduct. The court emphasised the importance of enterprise agreements being fair and reasonable and ensuring that workers' rights are protected. The Commission approved the agreement, finding that it met the standards set out in the Fair Work Act.

The Fair Work Commission approved the TOP UP LABOUR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2019-2020, confirming its compliance with the Fair Work Act and its fairness and reasonableness. The decision underscores the importance of enterprise agreements in protecting workers' rights and ensuring that they meet all legal requirements before approval.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established