DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2251)

JULIAN MCCARTHY LANDSCAPES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 AUGUST 2020

Application for approval of the Julian McCarthy Landscapes Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Julian McCarthy Landscapes Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2020. The nominal expiry date of the Agreement is 30 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union brought an application for approval of the Julian McCarthy Landscapes Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The respondent, Julian McCarthy Landscapes Pty Ltd, did not oppose the application but raised concerns regarding the application process and the application’s fairness. The case was heard in the Fair Work Commission.

The primary legal issues for the court to determine were whether the enterprise agreement was made in accordance with the Fair Work Act 2009 and whether the application for approval was procedurally fair. The court had to consider whether the agreement was genuinely a bargain between the parties, whether it was made in good faith, and whether the process for making the agreement was fair.

The court found that the enterprise agreement was made in accordance with the Fair Work Act. The court determined that the agreement was genuinely a bargain between the parties and was made in good faith. The court also found that the process for making the agreement was fair. The concerns raised by the respondent regarding the application process and fairness were not sufficient to warrant setting aside the application for approval. The court granted the application for approval of the enterprise agreement.

The Fair Work Commission approved the Julian McCarthy Landscapes Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The agreement will now be registered and binding on the parties. The respondent’s concerns regarding the application process and fairness were not deemed sufficient to warrant setting aside the application for approval.

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