Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7020)

B2B LANDSCAPES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 SEPTEMBER 2021

Application for approval of the B2B Landscapes Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of a greenfields agreement known as the B2B Landscapes Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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(1) of the Act, will operate from 21 September 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involves an application for the approval of a collective agreement between B2B Landscapes Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The case was heard in the Fair Work Commission, an Australian independent statutory body responsible for resolving workplace disputes and ensuring fair workplace practices.

The central legal issue before the Commission was whether the proposed collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest and did not undermine the industrial relations safety net. Additionally, the Commission examined whether the agreement provided a fair and efficient means of determining the terms and conditions of employment for the employees covered by the agreement.

In deliberating on the application, the Commission considered the provisions of the Fair Work Act 2009 and relevant case law. The Commission also took into account submissions from both parties, including evidence of the agreement's impact on employees, the employer, and the broader industry. The Commission concluded that the agreement was in the public interest and did not undermine the industrial relations safety net, as it provided a fair and efficient means of determining the terms and conditions of employment. The Commission further found that the agreement included provisions that were beneficial to both parties and the industry, including provisions for skill development and training, and provisions that addressed potential workplace issues.

The Fair Work Commission approved the collective agreement between B2B Landscapes Pty Ltd and the CFMEU for the period 2019-2023. The Commission determined that the agreement was fair and efficient and provided a reasonable balance of outcomes for both parties and the industry. The Commission also noted that the agreement included provisions that were beneficial to employees, including provisions for skill development and training, and provisions that addressed potential workplace issues.

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