Construction, Forestry and Maritime Employees Union

[2025] FWCA 840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/518)

KO PLANTING 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, 7 MARCH 2025

Application for approval of the KO PLANTING 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 KO PLANTING 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) I note that the Agreement covers the organisation.

The Agreement was approved on 7 March 2025 and, in accordance with s.54 of the Act, will operate from 14 March 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved an application for approval of the KO Planting Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 – 2027. The dispute arose due to disagreements over the terms of the proposed enterprise agreement, particularly those relating to the employment conditions of subcontractors within the landscape construction industry. The FWC was tasked with determining whether the agreement was in compliance with the Fair Work Act 2009 and if it met the criteria for registration.

The primary legal issue before the FWC was whether the proposed enterprise agreement fulfilled the requirements set forth in the Fair Work Act 2009. Specifically, the FWC needed to assess if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and whether it had been appropriately negotiated. Additionally, the FWC had to consider whether the agreement provided a fair and reasonable balance between the interests of the employers and employees.

In reaching its decision, the FWC examined the negotiation process and the content of the agreement. The Commission found that the agreement had been made in good faith, with evidence of genuine bargaining between the parties. It was determined that the agreement contained all the required minimum terms and conditions as stipulated by the Fair Work Act 2009. Furthermore, the FWC concluded that the agreement provided a fair and reasonable balance of the interests of both parties, taking into account the specific circumstances of the landscape construction industry. Based on these findings, the FWC approved the enterprise agreement for registration.

The FWC issued orders approving the KO Planting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 – 2027, subject to registration with the Fair Work Commission. This decision provides clarity on the terms and conditions that will govern the employment of subcontractors in the landscape construction industry 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