DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2494)

BK LABOUR HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 AUGUST 2019

Application for approval of the BK LABOUR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the BK LABOUR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016 -2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and BK Labour Hire Pty Ltd for the approval of a labour hire industry enterprise agreement. The application was heard by the Fair Work Commission, which is the industrial relations tribunal in Australia responsible for resolving workplace disputes and approving enterprise agreements. The agreement in question covered the period from 2016 to 2018 and was intended to regulate the terms and conditions of employment for workers in the labour hire industry within the CFMEU's jurisdiction.

The primary legal issue the Commission had to address was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. This included ensuring that the agreement had been genuinely negotiated between the parties, that it contained minimum entitlements as prescribed by the Act, and that it complied with procedural requirements for registration. The Commission also needed to determine whether the agreement was in the best interests of the employees it covered, taking into account factors such as fairness and efficiency.

The Fair Work Commission found that the proposed enterprise agreement satisfied the statutory requirements for genuine negotiation, as evidenced by the detailed records of the bargaining process between the CFMEU and BK Labour Hire Pty Ltd. The agreement was deemed to meet the minimum entitlements as set out in the Fair Work Act, and it complied with the procedural requirements for registration. Additionally, the Commission considered the agreement to be in the best interests of the employees, as it provided for fair and efficient terms that balanced the interests of both employers and employees in the labour hire industry. Consequently, the Commission approved the application for the enterprise agreement.

In light of its findings, the Fair Work Commission approved the BK Labour Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018. The approval means that the agreement can now be registered with the Fair Work Ombudsman, and it will govern the employment terms and conditions for the specified period for the parties involved.

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