DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6254)

GARDEN FX LANDSCAPING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2020-2023

Gardening services
COMMISSIONER LEE	MELBOURNE, 28 JULY 2021

Application for approval of the GARDEN FX LANDSCAPING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the GARDEN FX LANDSCAPING PTY LTD 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.

[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] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for a Subcontractors Landscape Construction Enterprise Agreement between Garden FX Landscaping Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2020-2023. The agreement aimed to regulate the employment terms and conditions for subcontractors within the landscaping industry, focusing on pay rates, hours of work, and other employment provisions. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interests of the employees it covered.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009, particularly regarding the procedural fairness and the substantive terms of the agreement. The Commission needed to assess if the agreement was genuinely negotiated and if its terms and conditions were fair and reasonable. Additionally, the Commission considered whether the agreement adequately protected the interests of the employees, including the subcontractors, and if it aligned with the broader objectives of the Fair Work Act.

The Commission found that the agreement had been genuinely negotiated between the parties and that it contained fair and reasonable terms and conditions for the employees it covered. The agreement was deemed to be in the best interests of the employees, providing them with appropriate protections and benefits. The Commission was satisfied that the agreement met the statutory requirements under the Fair Work Act 2009, and it approved the Subcontractors Landscape Construction Enterprise Agreement 2020-2023. The decision was made considering the specific circumstances of the landscaping industry and the need to balance the interests of employers and employees within this sector.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established