| [2024] FWCA 735 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/351)
LIVING COLOUR LANDSCAPES (AUST) PTY LTD AS TRUSTEE FOR THE CLASSON FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 28 FEBRUARY 2024 |
Application for approval of the LIVING COLOUR LANDSCAPES (AUST) PTY LTD AS TRUSTEE FOR THE CLASSON FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the LIVING COLOUR LANDSCAPES (AUST) PTY LTD AS TRUSTEE FOR THE CLASSON FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023 (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 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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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 6 March 2024. The nominal expiry date of the Agreement is 31 March 2024.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 735
- Case
- [2024] FWCA 735
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement fairly represented the interests of the employees, whether it complied with the statutory minimum standards, and if it was made in good faith and without coercion. The Commission needed to assess the balance between the rights and obligations of the employer and employees as outlined in the agreement. Additionally, the Commission examined if the agreement covered all necessary matters and whether it was consistent with the objectives of the Act.
In its reasoning, the Commission found that the agreement comprehensively addressed the rights and obligations of the parties and ensured compliance with statutory minimum standards. It determined that the agreement was made in good faith and without coercion, and that it fairly represented the interests of the employees. The Commission considered that the agreement was consistent with the objectives of the Fair Work Act and would promote improved industrial relations outcomes for the parties. Consequently, the Commission approved the Enterprise Agreement.
The Fair Work Commission approved the proposed Enterprise Agreement between Living Colour Landscapes (Aust) Pty Ltd as trustee for the Classon Family Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023.
Orders
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Background
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Evidence
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Ratio Decidendi
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