Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1889

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1631)

CLCC PTY LTD T/AS WILGRO LANDSCAPES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 JUNE 2025

Application for approval of the CLCC PTY LTD T/As WILGRO LANDSCAPES and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the CLCC PTY LTD T/As WILGRO LANDSCAPES and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 - 2027 (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.

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 notification time for the Agreement under s.173(2) was 1 October 2024 and the Agreement was made on 23 May 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 13 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between CLCC PTY LTD trading as Wilgro Landscapes and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 - 2027. The application was brought under the Fair Work Act 2009, with the Fair Work Commission exercising its jurisdiction. The central issue before the court was whether the proposed enterprise agreement met the requirements of the legislation and was in the best interests of the employees covered by the agreement. Specifically, the court needed to determine if the agreement contained all the necessary terms, was free from any illegality, and whether it had been fairly and properly made.

The court examined the provisions of the proposed agreement, including the terms relating to wages, working conditions, and other employment matters. The court assessed whether the agreement provided adequate protection for the employees' rights and interests, and whether it had been negotiated in good faith. The court also considered the views and submissions of the parties involved, including the submissions from the employees represented by the union, to ensure that their interests were properly considered in the agreement. Ultimately, the court found that the agreement contained all the necessary terms and was free from any illegality. The court was satisfied that the agreement had been negotiated in good faith and that it provided adequate protection for the employees' rights and interests.

The court approved the proposed enterprise agreement, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees covered by the agreement. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been negotiated in good faith between the parties. The court was satisfied that the agreement provided adequate protection for the employees' rights and interests, and that it was consistent with the principles of the Fair Work Act. The court's decision was based on a thorough examination of the agreement and the submissions of the parties involved, and it reflected the court's commitment to ensuring that enterprise agreements are fair and reasonable for all parties.

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