Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1658)

Landscape Solutions Commercial Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2022

Application for approval of the Landscape Solutions Commercial Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of an enterprise agreement known as the Landscape Solutions Commercial Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (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.

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 15 June 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Landscape Solutions Commercial Pty Ltd, the Fair Work Commission was asked to approve a collective agreement for the period 2020 to 2022. The CFMEU, representing employees in the landscaping industry, and Landscape Solutions, a landscaping company, sought the Commission's approval for the terms of their collective agreement. The dispute centred on the interpretation and application of various provisions within the Fair Work Act 2009, specifically those related to the approval process for enterprise agreements and the rights and obligations of the parties involved.

The legal issues before the Commission included whether the collective agreement met the statutory requirements for approval, including compliance with the good faith bargaining provisions and whether it contained any terms that were inconsistent with the National Employment Standards or the modern awards applicable to the industry. Additionally, the Commission needed to consider if the agreement provided for the protection of employees' rights and interests, and if it had been negotiated in good faith by both parties. The Commission also had to ensure that the agreement did not discriminate against any group of employees and was not contrary to the public interest.

The Commission found that the collective agreement was compliant with the statutory requirements and had been negotiated in good faith. The agreement was deemed to cover all necessary terms and conditions of employment, including wages, hours of work, and other employment conditions. The Commission acknowledged the complexity of the bargaining process and the efforts made by both parties to reach an agreement that balanced the interests of employers and employees. The Commission concluded that the agreement did not contain any terms that were inconsistent with the National Employment Standards or the applicable modern awards. Furthermore, the Commission was satisfied that the agreement provided for the protection of employees' rights and interests and did not discriminate against any group of employees. The Commission approved the collective agreement, recognising the importance of collective bargaining in achieving fair and reasonable outcomes for both employers and employees in the landscaping industry.

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