Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1463)

JULIAN MCCARTHY 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 MATHESON	SYDNEY, 28 MAY 2025

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

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees Union (CFMEU), 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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) and Julian McCarthy Landscapes Pty Ltd for the approval of a proposed enterprise agreement. The application was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The proposed agreement, titled the JULIAN MCCARTHY LANDSCAPES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024-2027, was the subject of the application. The dispute centred around whether the agreement met the statutory requirements for approval and if it complied with the relevant provisions of the Fair Work Act.

The court needed to determine several legal issues, including whether the agreement had been made in good faith, whether it contained the necessary minimum terms as stipulated by the Fair Work Act, and whether it met the criteria for being a single, integrated, and operative agreement. Additionally, the court had to consider if the agreement adequately protected the rights of employees and if it was consistent with the principles of fairness and equity.

The Fair Work Commission, after examining the terms of the agreement, concluded that it was fair and reasonable and met all the necessary statutory requirements. The agreement was found to contain all the mandated minimum terms and conditions, and it was considered to be made in good faith. The Commission also noted that the agreement provided adequate protection for employees and was consistent with the principles of fairness and equity. As a result, the Commission approved the agreement.

The Fair Work Commission approved the JULIAN MCCARTHY LANDSCAPES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024-2027, determining it to be fair, reasonable, and compliant with the Fair Work Act. This approval signified that the agreement could now be implemented between the parties and would provide the framework for the employment conditions of the employees involved.

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