Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3481)

NORMARK LANDSCAPES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 20 OCTOBER 2025

Application for approval of the NORMARK LANDSCAPES PTY LTD 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 NORMARK LANDSCAPES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 16 October 2025.

On 17 October 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided the requested supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Construction, Forestry and Maritime Employees Union, acting on behalf of its members, and Normark Landscapes Pty Ltd, a landscaping company. The dispute centred on the approval of a proposed enterprise agreement between the union and the company, specifically the NORMARK LANDSCAPES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 - 2027. The matter was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for the employees to be paid at rates at least equal to the applicable award or registered agreement, and whether it complied with the good faith bargaining requirements. The Commission had to consider whether the terms of the proposed agreement were fair and reasonable and whether the bargaining process had been conducted in good faith. Additionally, the Commission assessed whether the agreement contained provisions that were contrary to public policy or that had the potential to undermine the operation of the Fair Work Act.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement was fair and reasonable and met the legal requirements for approval. The Commission noted that the agreement provided for wages and conditions that were at least equal to the applicable award and that the bargaining process had been conducted in good faith. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that had the potential to undermine the operation of the Fair Work Act. As a result, the Commission approved the proposed agreement, and it will now be in effect for the period 2024 to 2027.

In conclusion, the Fair Work Commission approved the NORMARK LANDSCAPES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 - 2027. The Commission found that the agreement met the legal requirements for approval and provided for fair and reasonable wages and conditions for employees. The decision highlights the importance of ensuring that enterprise agreements comply with the Fair Work Act and that the bargaining process is conducted in good faith.

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