Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/495)

SOIL RECYCLING CO PTY LTD T/AS WHITE LABEL LANDSCAPE SERVICES 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, 4 MARCH 2025

Application for approval of the SOIL RECYCLING CO PTY LTD T/As WHITE LABEL LANDSCAPE SERVICES 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 SOIL RECYCLING CO PTY LTD T/As WHITE LABEL LANDSCAPE SERVICES 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 4 March 2025 and, in accordance with s.54 of the Act, will operate from 11 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of the SOIL RECYCLING CO PTY LTD T/As WHITE LABEL LANDSCAPE SERVICES and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024-2027. The primary dispute was over the terms and conditions of employment for landscape construction workers under this agreement.

The key legal issues that the Commission had to address involved whether the agreement met the necessary standards for approval under the Fair Work Act. This included ensuring that the agreement provided for minimum terms and conditions, was not contrary to public policy, and did not unfairly discriminate against any group of employees. The Commission also had to consider if the agreement was made in good faith and if it provided for a proper dispute resolution process.

The Commission determined that the agreement was comprehensive and met all statutory requirements. The terms and conditions were considered fair and balanced, providing adequate protection for employees while also recognising the legitimate operational needs of the employer. The Commission noted that the agreement provided for a robust dispute resolution process and was made in good faith. Consequently, the Commission approved the agreement as compliant with the requirements of the Fair Work Act.

The final orders included the approval of the SOIL RECYCLING CO PTY LTD T/As WHITE LABEL LANDSCAPE SERVICES and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024-2027, effective from the date of the decision.

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