DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5288)

C.B.D LANDSCAPE CONSTRUCTION PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 AUGUST 2016

Application for approval of the C.B.D Landscape Construction Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the C.B.D Landscape Construction Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between C.B.D Landscape Construction Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFME). The agreement was proposed for the period 2015 to 2019 and included various terms and conditions of employment. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement contained appropriate dispute resolution procedures and did not include provisions that were contrary to public policy or that undermined the integrity of the industrial relations system.

The primary legal issues for the Commission to address were whether the agreement was made in good faith, whether it contained adequate provisions for resolving disputes, and whether it included any provisions that contravened public policy or were otherwise unenforceable. The Commission also considered whether the agreement provided fair and reasonable terms for employees and whether it was consistent with the principles of the national workplace relations system. The CFMEU argued that the agreement was fair and had been negotiated in good faith, while C.B.D Landscape Construction Pty Ltd contended that certain provisions were unreasonable and should not be approved.

The Commission found that the agreement contained appropriate dispute resolution mechanisms and was made in good faith. It noted that the agreement provided for the resolution of disputes through a combination of internal company processes and external conciliation and arbitration. The Commission also concluded that none of the provisions in the agreement contravened public policy or were otherwise unenforceable. While some terms were considered harsh, the Commission determined that they were fair and reasonable in the context of the industry and the parties' bargaining positions. The Commission approved the agreement, subject to minor modifications to certain provisions to ensure compliance with the Fair Work Act.

The final orders of the Commission included the approval of the C.B.D Landscape Construction Pty Ltd and CFMEU Union Collective Agreement 2015-2019, with certain modifications to specified clauses. The modifications were aimed at ensuring the agreement met the legal criteria for approval and did not include provisions that were contrary to public policy or unenforceable. The Commission's decision provides guidance for future collective agreements in the industry and reinforces the importance of fair and reasonable terms in workplace agreements.

Construction, Forestry, 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