DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4372)

C.B.D LANDSCAPE CONSTRUCTION PTY LTD AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 DECEMBER 2019

Application for approval of the C.B.D Landscape Construction Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the C.B.D Landscape Construction Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018 - 2021 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 10 December 2019. The nominal expiry date of the Agreement is 2 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Collective Agreement between the C.B.D Landscape Construction Pty Ltd and the CFMEU Civil Construction Union for the period 2018 to 2021. The primary dispute centred on the validity and enforceability of certain clauses within the agreement, particularly those concerning wage rates, conditions of employment, and dispute resolution mechanisms.

The legal issues before the court required careful examination of the collective agreement against the backdrop of the Fair Work Act 2009. The court needed to determine whether the agreement met the statutory requirements for approval, including whether it provided for minimum terms and conditions of employment and whether it complied with the provisions of the Fair Work Act. Additionally, the court had to assess the fairness and reasonableness of the agreement, taking into account the balance of rights and obligations between the employer and employees.

The court meticulously reviewed the provisions of the agreement, considering the submissions from both the applicant union and the employer. It found that while the agreement largely complied with the statutory requirements, certain clauses regarding wage increases and the dispute resolution process required modification to ensure fairness and reasonableness. The court directed the parties to negotiate and amend these clauses within a specified timeframe, after which the agreement would be reconsidered for approval. The court's decision was aimed at ensuring that the collective agreement would be fair, reasonable, and compliant with the legislative framework, thereby protecting the interests of both the employer and the employees.

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