Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2073)

F L G EMPLOYEES PTY LTD T/AS FRESH LANDSCAPES GROUP (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 21 JUNE 2024

Application for approval of the F L G Employees Pty Ltd T/As Fresh Landscapes Group (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the F L G Employees Pty Ltd T/As Fresh Landscapes Group (Queens Wharf Project) Union Collective Agreement 2022 (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 and Maritime Employees Union. The Agreement is a single enterprise agreement.

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 Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2024. The nominal expiry date of the Agreement is 1 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for approval of the F L G Employees Pty Ltd T/As Fresh Landscapes Group (Queens Wharf Project) Union Collective Agreement 2022. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on the terms of the proposed collective agreement and its compliance with relevant statutory requirements.

The primary legal issue before the Commission was whether the collective agreement contained terms that were contrary to public policy or were otherwise invalid under the Fair Work Act. The Commission also considered whether the agreement was appropriately negotiated and if it contained necessary protections and safeguards for employees. The fairness and reasonableness of the agreement's terms were assessed to determine if they complied with the principles of good faith bargaining and the objectives of the Act.

After a thorough review of the agreement and the submissions made by the parties, the Commission found that the collective agreement did not contain any terms that were contrary to public policy. The Commission was satisfied that the agreement was the product of genuine and good faith bargaining between the employer and the union, and that it contained adequate protections and safeguards for employees. The terms of the agreement were deemed to be fair and reasonable, and the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the F L G Employees Pty Ltd T/As Fresh Landscapes Group (Queens Wharf Project) Union Collective Agreement 2022. The decision was made under section 232 of the Fair Work Act 2009, and the agreement was registered as a green field agreement. The approval was effective from the date of the decision and is binding on all employees covered by the agreement.

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