Construction, Forestry and Maritime Employees Union

[2025] FWCA 1094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/763)

LIVING COLOUR LANDSCAPES (AUST) PTY LTD AS TRUSTEE FOR THE CLASSON FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 MARCH 2025

Application for approval of the LIVING COLOUR LANDSCAPES (AUST) PTY LTD AS TRUSTEE FOR THE CLASSON FAMILY TRUST 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 LIVING COLOUR LANDSCAPES (AUST) PTY LTD AS TRUSTEE FOR THE CLASSON FAMILY TRUST 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 7 April 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 parties involved in the case were the Construction, Forestry and Maritime Employees Union and Living Colour Landscapes (Aust) Pty Ltd as trustee for the Classon Family Trust. The dispute centred on the application for approval of the Enterprise Agreement between the two parties, which was to cover the period from 2024 to 2027. The application was heard in the Fair Work Commission, the relevant authority for such matters in Australia.

The legal issues that the court needed to address included whether the agreement complied with the requirements of the Fair Work Act 2009, whether it had been fairly negotiated, and whether it met the "better off overall test". The court also had to consider if the agreement was in the best interests of the employees and if it was likely to lead to improved workplace relations.

The court examined the evidence and submissions provided by both parties. It determined that the agreement was fairly negotiated, met the "better off overall test", and was in the best interests of the employees. The court also found that the agreement was likely to improve workplace relations. As such, the court approved the Enterprise Agreement, stating that it was compliant with the relevant legislation and met all necessary criteria.

The Fair Work Commission approved the Enterprise Agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by it for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established