Construction, Forestry and Maritime Employees Union

[2025] FWCA 1584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1298)

GARDEN FX LANDSCAPING 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, 12 MAY 2025

Application for approval of the GARDEN FX LANDSCAPING 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 GARDEN FX LANDSCAPING 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 Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 May 2025.

On 7 May 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 a statutory declaration of Angelo Ruffato and 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Garden FX Landscaping Pty Ltd. The CFMEU sought approval of an enterprise agreement covering subcontractors in the landscaping industry for the period 2024 to 2027. The dispute centred on the terms and conditions set out in the proposed agreement and whether they complied with the relevant industrial legislation. The matter was heard in the Fair Work Commission, which has jurisdiction over industrial relations matters in Australia.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. This involved examining whether the agreement had been genuinely negotiated, was free from any improper influence or coercion, and whether it met the provisions regarding minimum entitlements and the protection of vulnerable workers. The Commission also needed to assess whether the agreement provided for a fair and equitable distribution of benefits and obligations between the parties.

After considering the evidence presented and the submissions made by both parties, the Commission found that the proposed enterprise agreement was genuinely negotiated and free from any improper influence or coercion. The agreement was deemed to comply with the statutory minimum entitlements and provided appropriate protections for vulnerable workers. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and was in the best interests of the parties involved. Consequently, the Commission approved the proposed agreement, which will now be binding on the parties for the specified period.

The final orders of the Commission included the approval of the Garden FX Landscaping Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 to 2027. The agreement will now govern the employment conditions of subcontractors within the landscaping industry covered by the agreement, providing a framework for fair and equitable terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established