Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4584)

NEWGROW PTY LTD AS TRUSTEE FOR NEWGROW TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 NOVEMBER 2022

Application for approval of the NEWGROW PTY LTD AS TRUSTEE FOR NEWGROW TRUST 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 NEWGROW PTY LTD AS TRUSTEE FOR NEWGROW TRUST 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 22 November 2022. 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 applicant sought approval of the Newgrow Pty Ltd as Trustee for Newgrow Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, which was required to determine if the agreement met the requirements under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement was in the public interest and if it provided for fair and reasonable terms for the employees covered by the agreement.

The Commission considered the evidence and submissions presented by both parties, including the terms of the proposed agreement and the potential impact on the employees and the industry. The Commission found that the agreement provided for fair and reasonable terms for the employees, and that it was in the public interest to approve the agreement. The Commission noted that the agreement provided for a range of benefits for employees, including improved wages and conditions, and that it addressed a number of issues that had previously been the subject of industrial action.

The Commission approved the proposed agreement, subject to certain conditions. The conditions included requirements for the parties to provide information to the Commission on the implementation of the agreement and to notify the Commission of any disputes that may arise under the agreement. The Commission also made orders to ensure that the agreement was brought to the attention of all relevant employees and that they had an opportunity to be informed of the terms of the agreement. The Commission found that the proposed agreement met the requirements of the Fair Work Act and was in the public interest.

The Commission approved the Newgrow Pty Ltd as Trustee for Newgrow Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023, subject to certain conditions. The Commission found that the agreement provided for fair and reasonable terms for employees and was in the public interest. The Commission made orders to ensure that the agreement was brought to the attention of all relevant employees and that they had an opportunity to be informed of the terms of the agreement. The Commission also made orders to ensure that the parties provided information to the Commission on the implementation of the agreement and to notify the Commission of any disputes that may arise under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established