Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2895)

F L G EMPLOYEES PTY LTD T/AS FRESH LANDSCAPES GROUP SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Building services
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 SEPTEMBER 2024

Application for approval of the F L G Employees Pty Ltd T/As Fresh Landscapes Group Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024

An application has been made for approval of a greenfields agreement known as the F L G Employees Pty Ltd T/As Fresh Landscapes Group Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The Agreement was made on 29 July 2024. Accordingly, the better off overall test requirements are those applying on and from 6 June 2023.

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2024. The nominal expiry date of the Agreement is 1 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, a matter was presented involving the Construction, Forestry and Maritime Employees Union and F L G Employees Pty Ltd T/As Fresh Landscapes Group. The dispute centred around the approval of the F L G Employees Pty Ltd T/As Fresh Landscapes Group Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The Union sought the court's approval of the agreement, which pertained to employment terms and conditions for the project in question.

The legal issues that the court had to resolve included whether the agreement met the necessary requirements under the relevant industrial legislation, whether it was fair and reasonable, and whether it provided for adequate protections for the employees involved. The court had to consider the provisions of the Fair Work Act 2009 and ensure that the agreement did not contravene any provisions of that Act. Furthermore, the court examined whether the agreement contained terms that were necessary for the proper functioning of the project and if it was in the best interests of the employees.

The court meticulously reviewed the terms of the agreement, assessing its compliance with industrial laws and the protections it afforded to employees. After thorough consideration, the court determined that the agreement met all legal requirements and was fair and reasonable. The agreement was found to provide adequate protections for the employees and did not contravene any provisions of the Fair Work Act 2009. Consequently, the court approved the F L G Employees Pty Ltd T/As Fresh Landscapes Group Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024.

The final orders of the court were that the F L G Employees Pty Ltd T/As Fresh Landscapes Group Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 be approved in its entirety, with no amendments required. This decision effectively resolved the dispute between the Construction, Forestry and Maritime Employees Union and F L G Employees Pty Ltd T/As Fresh Landscapes Group.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established