DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4875)

CLASSON FAMILY TRUST (THE TRUSTEE FOR) T/AS LIVING COLOUR LANDSCAPES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the Classon Family Trust (The Trustee for) T/As Living Colour Landscapes and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as Classon Family Trust (The Trustee for) T/As Living Colour Landscapes 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 9 August 2016 and, in accordance with s.54, will operate from 16 August 2016. 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 Construction, Forestry, Mining and Energy Union and the Classon Family Trust (The Trustee for) T/As Living Colour Landscapes were before the Fair Work Commission in an application for the approval of an enterprise agreement. The union and the employer had entered into an agreement which provided for the terms and conditions of employment for the landscaping workers employed by the company. The union and the employer sought the approval of the agreement by the Commission under section 230 of the Fair Work Act 2009. The employer contended that the agreement provided fair and appropriate terms and conditions of employment for its employees, while the union argued that the agreement provided for terms and conditions that were appropriate and fair to the employees. The legal issues before the Commission were whether the agreement contained the mandatory terms prescribed by section 235 of the Fair Work Act, and whether the agreement contained terms that were not expressly prohibited by the Act. The Commission found that the agreement contained the mandatory terms prescribed by section 235 of the Fair Work Act, and that the agreement did not contain any terms that were expressly prohibited by the Act. The Commission approved the agreement under section 230 of the Fair Work Act. The Commission made an order approving the agreement in the form set out in the schedule to this decision.

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