| [2023] FWCA 3202 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/3351)
LANDWORKS LANDSCAPING (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 4 OCTOBER 2023 |
Application for approval of the the LANDWORKS LANDSCAPING (VIC) PTY LTD 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 (VIC) 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.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 24 August 2023 and the Agreement was made on 18 September 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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 11 October 2023. The nominal expiry date of the Agreement is 31 December 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE521726 PR766792>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2023] FWCA 3202
- Case
- [2023] FWCA 3202
- Decision Date
CaseChat Overview and Summary
The Commission needed to determine whether the agreement was made in good faith and provided fair and reasonable terms and conditions for the employees. The Commission also needed to consider whether the agreement complied with the requirements of the Fair Work Act 2009.
The Commission found that the agreement was made in good faith and provided fair and reasonable terms and conditions for the employees. The Commission noted that the agreement provided for a minimum rate of pay, a range of leave entitlements, and other benefits such as superannuation and holiday loading. The Commission also found that the agreement complied with the requirements of the Fair Work Act 2009.
The Commission approved the agreement, subject to certain conditions. These conditions included a requirement that the CFMEU provide a copy of the approved agreement to all employees covered by the agreement, and a requirement that Landworks Landscaping provide a copy of the approved agreement to the Fair Work Ombudsman.
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