Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 4037

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2695)

LANDSCAPE PLUS COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 6 JULY 2018

Application for approval of the LANDSCAPE PLUS COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of a greenfields agreement known as the LANDSCAPE PLUS COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

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 are 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.

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 these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, LANDSCAPE PLUS COMMERCIAL PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval of the Enterprise Agreement 2016-2018 under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission. The central issue before the Commission was whether the Enterprise Agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, including provisions relating to minimum rates of pay, overtime, penalty rates, shift loadings, allowances, and other benefits.

The Commission examined the agreement's provisions and the submissions from both parties. The applicant union argued that the agreement was fair and reasonable, providing for appropriate protections and benefits for employees. The applicant employer contended that certain provisions of the agreement were overly restrictive and detrimental to the business. The Commission considered the evidence and submissions, evaluating whether the agreement balanced the interests of both employers and employees. The Commission found that the agreement did provide for fair and reasonable terms and conditions of employment, and it was in the best interests of the employees covered by the agreement.

Consequently, the Fair Work Commission approved the Enterprise Agreement 2016-2018, finding it met the statutory requirements for approval under the Fair Work Act. The Commission's decision was based on the balance of interests and the fairness of the terms and conditions provided for in the agreement. The approval ensures that the agreement will govern the employment terms of the covered employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established