Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8658)

F L G EMPLOYEES PTY LTD T/AS FRESH LANDSCAPES GROUP (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 DECEMBER 2021

Application for approval of the F L G Employees Pty Ltd T/As Fresh Landscapes Group (Queens Wharf Project) Union Collective Agreement 2018

[1] An application has been made for approval of a greenfields agreement known as the F L G Employees Pty Ltd T/As Fresh Landscapes Group (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2021. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a Union Collective Agreement 2018 concerning employees of F L G Employees Pty Ltd, trading as Fresh Landscapes Group, for the Queens Wharf Project. The CFMEU sought to have the agreement recognised as a certified agreement under the Fair Work Act 2009, which would allow it to be enforced against the employer and employees. The employer, Fresh Landscapes Group, contested the application on the grounds that the agreement was not suitable for registration due to various procedural and substantive issues.

The central legal issues the Commission was required to determine were whether the Union had followed the necessary procedures in reaching the agreement, and whether the agreement itself was consistent with the provisions of the Fair Work Act. Specifically, the Commission needed to assess if the agreement was made in good faith, and if it met the requirements for being a simple, fair, and flexible agreement as mandated by the legislation. Additionally, the Commission had to consider if the agreement provided adequate protections for employees and if it complied with relevant minimum standards.

In its decision, the Commission found that the Union had indeed followed the necessary procedures in reaching the agreement. It was satisfied that the agreement was made in good faith and that the process involved genuine negotiations between the parties. The Commission also determined that the agreement met the statutory requirements for being a simple, fair, and flexible agreement. It provided adequate protections for employees, and complied with the relevant minimum standards under the Fair Work Act. Consequently, the Commission approved the application and certified the Union Collective Agreement 2018 as a registered agreement, effective from the date of the decision.

The final orders of the Commission included the certification of the Union Collective Agreement 2018 for the employees of F L G Employees Pty Ltd, trading as Fresh Landscapes Group, for the Queens Wharf Project. The agreement was to be treated as a registered agreement under the Fair Work Act, effective from the date of the decision. The Commission also ordered that the agreement would be binding on the employer and employees and that it would be enforceable in accordance with the Act.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established