Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 766

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/420)

SYNQ PROJECTS 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 MASSON	MELBOURNE, 28 FEBRUARY 2025

Application for approval of the Synq Projects 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 Synq Projects 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). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 October 2024 and the Agreement was made on 21 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 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 case involved an application for approval of the Subcontractors Landscape Construction Enterprise Agreement 2024-2027 between Synq Projects Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009. The union and the employer sought the FWC's approval for the enterprise agreement, which aimed to regulate the employment conditions of landscape construction subcontractors working for Synq Projects Pty Ltd in Victoria.

The central legal issue before the FWC was whether the proposed agreement met the criteria for approval under section 234 of the Fair Work Act. This involved assessing if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, maximum ordinary hours of work, leave entitlements, and other matters specified in the Act. The FWC had to determine if the agreement achieved a balance between the rights and obligations of employees and employers and if it was consistent with the principles of the Fair Work system.

The FWC examined the proposed agreement's provisions and the submissions made by both parties. The FWC found that the agreement included terms that provided for minimum rates of pay, reasonable working hours, and adequate leave entitlements. The agreement also contained provisions for dispute resolution mechanisms and protected against unfair dismissal. The FWC concluded that the agreement met the criteria for approval under the Fair Work Act, as it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The FWC approved the Subcontractors Landscape Construction Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement was set to regulate the employment conditions of landscape construction subcontractors working for Synq Projects Pty Ltd in Victoria for the period 2024 to 2027. The approval of the agreement ensures that the employees covered by the agreement would benefit from fair and reasonable terms and conditions of employment, consistent with the principles of the Fair Work system.

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