DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1051)

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
COMMISSIONER GREGORY	MELBOURNE, 5 APRIL 2017

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, 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, 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 12 April 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the BK Labour Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018. The union sought approval of the agreement, which aimed to set the terms and conditions for employees in the labour hire industry. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith and whether it contained the necessary minimum terms as prescribed by the Act. The Commission also needed to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, which mandates that registered organisations must be genuinely representative of their members. The union argued that the agreement was fairly made and contained all the required minimum terms, while the employer raised concerns about the agreement's compliance with statutory requirements and its potential impact on the business.

The Commission found that the agreement was made in good faith and contained all the necessary minimum terms. It was also consistent with the Fair Work (Registered Organisations) Act 2009. The Commission noted that the union had demonstrated genuine representation of its members and that the agreement had been negotiated in a transparent and fair manner. The Commission approved the agreement, recognising its importance in establishing fair and reasonable terms for employees in the labour hire industry. The Commission's decision provided clarity and certainty for both employers and employees in the industry, ensuring that the agreement would be implemented effectively and efficiently.

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