Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1324)

B2B LANDSCAPES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 MAY 2025

Application for approval of the B2B Landscapes Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the B2B Landscapes Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (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.

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 20 May 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 case before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union (CFMEU) and B2B Landscapes Pty Ltd. The union applied for the approval of a collective agreement covering the period 2023-2027. The union sought to establish terms and conditions for its members working in the landscaping industry. The legal issues centred on whether the proposed terms complied with the requirements of the Fair Work Act 2009 and whether they met the criteria for being declared as a registered agreement.

The Commission considered whether the agreement contained all the mandatory terms as stipulated under the Fair Work Act. It also examined whether the agreement was made in good faith and whether it was likely to result in improved productivity, efficiency and profitability of the employer and fair and reasonable terms and conditions of employment for the employees. The Commission took into account the need for the agreement to provide for the fair and equitable treatment of employees, as well as the need to balance the interests of both parties. The union argued that the agreement provided for fair terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The employer, on the other hand, contended that certain terms were unreasonable and not in line with industry standards.

After reviewing the application and submissions from both parties, the Commission found that the proposed agreement complied with the mandatory terms and conditions as required by the Fair Work Act. It also found that the agreement was made in good faith and was likely to result in improved productivity, efficiency and profitability of the employer, as well as fair and reasonable terms and conditions of employment for the employees. The Commission approved the agreement and declared it to be a registered agreement.

The Fair Work Commission approved the application for the registration of the B2B Landscapes Pty Ltd and CFMEU Union Collective Agreement 2023–2027, finding it to be compliant with the Fair Work Act and in the interests of both 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