Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7978)

C.B.D LANDSCAPE CONSTRUCTION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 NOVEMBER 2021

Application for approval of the C.B.D Landscape Construction Pty Ltd and CFMEU Union Collective Agreement 2020‒2022

[1] An application has been made for approval of an enterprise agreement known as the C.B.D Landscape Construction Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Collective Agreement between C.B.D Landscape Construction Pty Ltd and the CFMEU for the period 2020 to 2022. The dispute was brought before the Fair Work Commission, an Australian statutory body with jurisdiction to make binding decisions on workplace disputes. The key issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, particularly in terms of whether it provided for fair and reasonable terms and conditions of employment.

The Commission considered whether the agreement's terms and conditions were fair and reasonable, taking into account the principles of procedural fairness and the best interests of the employees. The Commission examined the evidence provided by both parties, including submissions on the industry's economic conditions, the parties' bargaining positions, and the agreement's provisions. The Commission also assessed whether the agreement provided for terms and conditions that were no worse off than the relevant award or registered agreement, and whether it met the requirements for approval under the Fair Work Act.

After considering the submissions and evidence, the Commission found that the agreement was fair and reasonable and met the criteria for approval. The Commission determined that the agreement provided for terms and conditions that were no worse off than the relevant award or registered agreement, and that it met the requirements for approval under the Fair Work Act. The Commission approved the agreement, which will now apply to the employees of C.B.D Landscape Construction Pty Ltd for the period 2020 to 2022. The approval of the agreement ensures that the employees will have fair and reasonable terms and conditions of employment, and that the parties' bargaining positions are balanced.

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