DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6998)

BOSFORM LABOUR HIRE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Bosform Labour Hire Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Bosform Labour Hire Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, 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 was approved on 22 December 2015 and, in accordance with s.54, will operate from 29 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Bosform Labour Hire Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The dispute centred around the terms and conditions set out in the agreement, which was to govern the employment of labour hire workers employed by Bosform. The Commission was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for minimum terms and conditions of employment, and whether it complied with the good faith bargaining provisions. Additionally, the Commission had to assess whether the agreement was in the best interests of the employees it covered and if it was fair and reasonable. The CFMEU argued that the agreement was a product of good faith bargaining and that it provided fair and reasonable terms for the employees. Bosform contended that certain provisions were unfair and not in the best interests of the employees.

The Commission found that the agreement did not provide for the minimum terms and conditions required by law, specifically in relation to the rate of pay for labour hire workers. The Commission noted that the agreement did not address the issue of equal pay for equal work, which is a fundamental principle of the Fair Work Act. The Commission also found that the agreement did not comply with the good faith bargaining provisions, as it was not genuinely negotiated between the parties. Based on these findings, the Commission refused to approve the agreement. The CFMEU was ordered to lodge a new agreement that complied with the legal requirements within a specified timeframe.

Construction, Forestry, 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