Construction, Forestry and Maritime Employees Union

[2025] FWCA 1326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1034)

H CONTRACTING GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2024-2027

Gardening services
DEPUTY PRESIDENT BELL	MELBOURNE, 22 APRIL 2025

Application for approval of the H CONTRACTING GROUP 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 H CONTRACTING GROUP 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 the 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 22 April 2025 and, in accordance with s.54 of the Act, will operate from 29 April 2025. The nominal expiry date of the Agreement is 02 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) sought approval of an enterprise agreement with the H Contracting Group Pty Ltd, relating to subcontractors in the landscaping industry in Victoria. The application was heard in the Fair Work Commission. The primary legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009, including that it provided for a fair and efficient system for resolving disputes and provided for employee representation. The CFMEU argued that the agreement was fair and efficient and met all legal requirements. The H Contracting Group Pty Ltd did not oppose the application but expressed some concerns about certain provisions.

The Commission considered the terms of the agreement and the evidence provided by both parties. The Commission noted that the agreement provided for a dispute resolution process that was fair and efficient, and that it provided for employee representation through the CFMEU. The Commission also considered the evidence provided by the H Contracting Group Pty Ltd and found that their concerns did not outweigh the benefits of the agreement. The Commission was satisfied that the agreement met all legal requirements for approval.

Accordingly, the Commission approved the enterprise agreement. The agreement will now be registered with the Fair Work Commission and will apply to subcontractors employed by the H Contracting Group Pty Ltd in the landscaping industry in Victoria. The approval of the agreement provides certainty and stability for both employers and employees in the industry, and ensures that the terms and conditions of employment are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established