| [2025] FWCA 1365 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/1096)
MARCUS CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2024-2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 24 APRIL 2025 |
Application for approval of the MARCUS CONSTRUCTIONS 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 MARCUS CONSTRUCTIONS PTY LTD 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) by Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The 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 was approved on 24 April 2025 and, in accordance with s.54 of the Act, will operate from 01 May 2025. The nominal expiry date of the Agreement is 02 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE528777 PR786408>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1365
- Case
- [2025] FWCA 1365
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC involved assessing whether the agreement met the requirements of the Fair Work Act 2009. This included ensuring the agreement provided for minimum entitlements, was free from prohibited content, and was made in good faith. The CFMEU argued that the agreement was fair and reasonable, while Marcus Constructions Pty Ltd contended that certain provisions did not meet the legal standards.
The FWC found that the agreement provided for the minimum entitlements required under the Fair Work Act. The FWC noted that the agreement included provisions for standard hours of work, overtime rates, penalty rates, and leave entitlements, which were consistent with the minimum standards. Additionally, the FWC determined that the agreement was free from prohibited content, such as provisions that would undermine the operation of the Act. The FWC also concluded that the agreement had been made in good faith, based on the evidence presented regarding the negotiation process.
The FWC approved the Marcus Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024-2027, effective from the date of the decision. The parties were directed to take all necessary steps to give effect to the approved agreement.
Orders
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Background
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Evidence
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Decision
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