Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1271)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 MAY 2025

Application for approval of the LANDSCAPE PLUS (VIC) PTY LTD T/AS LANDSCAPE PLUS 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 LANDSCAPE PLUS (VIC) PTY LTD T/AS LANDSCAPE PLUS 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.

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 14 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 applicants in this case are the Construction, Forestry and Maritime Employees Union (CFME Union) and Landscape Plus (Vic) Pty Ltd trading as Landscape Plus (Landscape Plus). They are seeking approval of the proposed Landscape Plus and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024-2027 (the Agreement). The matter was heard in the Fair Work Commission (the Commission).

The legal issues that the Commission had to determine included whether the Agreement complied with the Fair Work Act 2009 (the Act) and if it met the criteria for approval under section 234 of the Act. Specifically, the Commission needed to assess whether the Agreement provided for fair and reasonable terms and conditions, was made in good faith, and would not have a detrimental effect on the national system of industrial relations.

The Commission found that the Agreement met all the necessary criteria. The terms and conditions were fair and reasonable, and the Agreement was made in good faith. The Commission also determined that the Agreement would not have a detrimental effect on the national system of industrial relations. The Commission was satisfied that the parties had negotiated the Agreement with integrity and that it would not lead to any adverse consequences for the broader industrial relations environment.

The Commission approved the Agreement under section 234 of the Act. The approval ensures that the terms and conditions set out in the Agreement will be legally enforceable for the duration of the agreement, which is from 1 July 2024 to 30 June 2027. The Agreement will now be registered with the Fair Work Ombudsman, making it a registered agreement for the purposes of the Act.

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