DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/953)

B2B LANDSCAPES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 APRIL 2019

Application for approval of the B2B Landscapes Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the B2B Landscapes Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 15 – Casual Employment

However, noting clause 2 of the undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for approval of a collective agreement between B2B Landscapes Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2018-2019. The applicant, B2B Landscapes Pty Ltd, sought to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The CFMEU supported the application, while other entities, including the Australian Building and Construction Commission, opposed it.

The central legal issues before the court were whether the agreement met the statutory requirements for certification and whether it adhered to the principles of good faith bargaining and procedural fairness. Specifically, the court examined whether the agreement was genuinely negotiated between the parties, whether it contained all the mandatory terms prescribed by the Fair Work Act, and whether the process leading to the agreement was fair and in good faith.

The court carefully reviewed the evidence and submissions from both parties. It found that the agreement was the product of genuine negotiation and contained all mandatory terms as required by the Fair Work Act. The court also determined that the process leading to the agreement was fair and conducted in good faith. As such, the court approved the application for certification of the collective agreement.

Consequently, the court ordered that the B2B Landscapes Pty Ltd and CFMEU Union Collective Agreement 2018-2019 be certified and recognised as a lawful agreement under the Fair Work Act. This decision provided legal certainty to the terms of the agreement and ensured compliance with the relevant industrial relations legislation.

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