Construction, Forestry, Mining and Energy Union

[2018] FWCA 853

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2018/239)

Landscape Plus (Vic) Pty Ltd t/as Landscape Plus and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 8 FEBRUARY 2018

Application for approval of the Landscape Plus (Vic) Pty Ltd t/as Landscape Plus and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the Landscape Plus (Vic) Pty Ltd t/as Landscape Plus and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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.

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, 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 February 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 matter before the Fair Work Commission involved an application for approval of the Landscape Plus (Vic) Pty Ltd t/as Landscape Plus and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, Landscape Plus, sought the Commission's approval for the enterprise agreement as it was not approved under section 233 of the Fair Work Act 2009. The Construction, Forestry, Mining and Energy Union, as the representative of the employees, also supported the application.

The primary legal issue for the Commission to determine was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009, which outlines the criteria for an enterprise agreement to be considered a "registered agreement". This included whether the agreement contained all the necessary provisions, adhered to procedural fairness, and provided for appropriate dispute resolution mechanisms.

In making its decision, the Commission considered the provisions of the agreement, the process by which it was negotiated, and the extent to which it complied with the legislative requirements. The Commission found that the agreement met the necessary criteria, including that it contained all the required provisions, was negotiated in good faith, and provided for appropriate dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement under section 233 of the Fair Work Act 2009.

The Fair Work Commission approved the Landscape Plus (Vic) Pty Ltd t/as Landscape Plus and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements to be registered, including the necessity for all required provisions, good faith negotiation, and suitable dispute resolution mechanisms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established