Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 553

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/347)

SYNQ PROJECTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023

Gardening services
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2023

Application for approval of the SYNQ Projects 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 SYNQ Projects 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, 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 7 March 2023. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the SYNQ Projects Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023. The parties sought the Commission's approval to ensure the agreement was compliant with the relevant legislative requirements under the Fair Work Act 2009. The primary dispute was whether the agreement met the standards set by the legislation, particularly regarding the process of its formation and the fairness of its terms.

The key legal issues the Commission addressed included whether the agreement had been made in accordance with the processes required by the Fair Work Act, whether the agreement was genuinely made by the parties without coercion, and if the terms of the agreement were fair and reasonable. The Commission had to consider whether the union had followed the correct procedures in negotiating the agreement and whether the agreement was made without any undue influence or pressure. Additionally, the Commission examined if the terms of the agreement were consistent with the principles of fairness and did not undermine the employees' rights or interests.

In its reasoning, the Commission found that the union had followed the necessary procedures in negotiating the agreement and that the agreement had been made without any undue influence. The Commission noted that the union had provided evidence of the negotiation process and the steps taken to ensure the agreement was made fairly. Regarding the fairness of the terms, the Commission concluded that the agreement was consistent with the principles of fairness and did not undermine the employees' rights or interests. The Commission was satisfied that the agreement provided adequate protections and benefits for the employees and that it was in line with industry standards.

The Commission approved the agreement, stating that it met the requirements of the Fair Work Act and was fair and reasonable. The Commission issued a certificate of registration for the agreement, which would now be applicable to the employees of SYNQ Projects Pty Ltd and other covered employers. The parties were directed to take all necessary steps to implement the agreement and ensure its compliance with the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established