Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/121)

LANDWORKS LANDSCAPING PTY LTD AS TRUSTEE FOR THE RICOTTI FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 JANUARY 2022

Application for approval of the LANDWORKS LANDSCAPING PTY LTD AS TRUSTEE FOR THE RICOTTI FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the LANDWORKS LANDSCAPING PTY LTD AS TRUSTEE FOR THE RICOTTI FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023 (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, Maritime, Mining and Energy 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining and Energy 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 February 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of a new enterprise agreement, the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023, between LANDWORKS LANDSCAPING PTY LTD AS TRUSTEE FOR THE RICOTTI FAMILY TRUST and the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought before the Fair Work Commission, a federal statutory body responsible for regulating industrial relations in Australia. The union sought approval for the agreement, which aimed to set terms and conditions for subcontractors in the landscape construction industry within Victoria.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This required the Commission to assess if the agreement provided for fair and reasonable terms and conditions, and if it was consistent with the objects of the Act, including promoting high levels of employment, economic efficiency, and social inclusion. The Commission also had to determine if the agreement had been made in good faith and without coercion, and if the bargaining processes had been fair.

In delivering its decision, the Commission considered the submissions from both parties, the evidence presented, and the overall context of the agreement. It examined whether the terms of the agreement were fair and reasonable, taking into account industry standards, economic factors, and the bargaining positions of the parties. The Commission also assessed the bargaining processes to ensure they were conducted in good faith and without undue influence or coercion. After thorough consideration, the Commission found that the agreement met the necessary criteria for approval, and thus granted the application for the agreement to be approved.

As a result of the decision, the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023 was approved and is now legally binding on the parties involved. The terms and conditions outlined in the agreement will govern the employment of subcontractors in the landscape construction industry within Victoria for the specified period, providing a framework for fair and reasonable workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established