Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2338)

RECOLAND PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 25 JULY 2023

Application for approval of the RECOLAND 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 RECOLAND 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.

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 1 August 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and RECOLAND PTY LTD. The dispute revolved around the approval of the Subcontractors Landscape Construction Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission of Australia. The CFMEU sought approval for the agreement under the Fair Work Act 2009, which requires certain enterprise agreements to be approved by the Commission. The legal issues before the Commission were whether the agreement complied with the statutory requirements of the Fair Work Act and whether it met the "better off overall test".

The Commission considered whether the agreement met the requirements set out in the Fair Work Act. It was necessary to determine if the agreement was in the best interest of the employees and if it provided them with a fair and reasonable set of terms and conditions. The Commission examined the agreement's provisions, including wages, hours of work, and other employment-related matters. The Commission also considered whether the agreement provided for the fair and equitable treatment of employees and whether it met the "better off overall test". The Commission found that the agreement did meet these requirements.

The Fair Work Commission approved the Subcontractors Landscape Construction Enterprise Agreement 2020-2023, finding that it met the statutory requirements of the Fair Work Act and passed the "better off overall test". The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and that it was in the best interest of the employees. The Commission also found that the agreement met the requirements of the Fair Work Act and provided for the fair and equitable treatment of employees. The Commission approved the agreement, which will now be in effect from 1 January 2021 until 31 December 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established