DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4519)

THE TRUSTEE FOR BRENCHLEY FAMILY TRUST TAS LIVING LANDSCAPES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 APRIL 2021

Application for approval of THE TRUSTEE FOR BRENCHLEY FAMILY TRUST Tas LIVING LANDSCAPES 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 TRUSTEE FOR BRENCHLEY FAMILY TRUST Tas LIVING LANDSCAPES 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 26 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the application for the approval of the Subcontractors Landscape Construction Enterprise Agreement 2020-2023 were The Trustee for Brenchley Family Trust, Tas Living Landscapes Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The dispute arose from the need to approve the enterprise agreement governing the terms and conditions of employment for subcontractors within the landscape construction industry in Victoria. The matter was heard by the Fair Work Commission, which has jurisdiction over employment matters under the Fair Work Act 2009.

The central legal issues before the court were whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act and whether it met the procedural fairness standards. The court needed to determine if the agreement adequately provided for the rights, benefits, and obligations of the employees, and whether the process of developing and finalising the agreement was fair and transparent. Additionally, the court had to consider whether the agreement met the public interest test and if it was in line with the objectives of the Act.

In its decision, the court thoroughly examined the provisions of the proposed agreement, finding that it met the statutory requirements and was procedurally fair. The court noted that the agreement provided comprehensive terms and conditions that were fair and reasonable for the employees, taking into account their specific circumstances and needs. Furthermore, the court was satisfied that the process of developing the agreement was transparent and involved meaningful consultation with the relevant parties. The agreement was also found to align with the objectives of the Fair Work Act and to pass the public interest test. Consequently, the court approved the Subcontractors Landscape Construction Enterprise Agreement 2020-2023, confirming its validity and enforceability.

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