DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3912)

LANDSCAPE PLUS MAINTENANCE PTY LTD/CFMEU SOUTH AUSTRALIA GREENFIELD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 DECEMBER 2020

Application for approval of the LANDSCAPE PLUS MAINTENANCE PTY LTD/CFMEU South Australia Greenfield Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the LANDSCAPE PLUS MAINTENANCE PTY LTD/CFMEU South Australia Greenfield Enterprise Agreement 2020 (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 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 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 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 6 January 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval of the Landscape Plus Maintenance Pty Ltd/CFMEU South Australia Greenfield Enterprise Agreement 2020. The dispute centred around whether the terms of the agreement met the statutory requirements for approval by the Fair Work Commission. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was tasked with determining if the agreement was in the public interest and met the necessary criteria for approval.

The primary legal issues before the Commission involved the interpretation of the statutory requirements for enterprise agreements, particularly the obligations under section 234 of the Fair Work Act. The Commission needed to assess whether the agreement contained the necessary provisions to ensure fairness and compliance with the Act, and whether it met the threshold for public interest as required by section 235. Furthermore, the Commission had to ensure that the agreement did not unfairly discriminate against any class of employees and that it provided for a fair process for resolving disputes.

In its decision, the Commission carefully examined the terms of the agreement and found that it met the statutory requirements. The agreement was deemed to be in the public interest as it provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement contained all the necessary provisions to ensure that employees were treated fairly and that it complied with the obligations under the Fair Work Act. Consequently, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the Landscape Plus Maintenance Pty Ltd/CFMEU South Australia Greenfield Enterprise Agreement 2020. The Commission found that the agreement met all statutory requirements and was in the public interest, providing for fair and reasonable terms and conditions of employment. The decision was made on the basis that the agreement was compliant with the Fair Work Act and provided for a fair process for resolving disputes.

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