DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4784)

JULIAN MCCARTHY LANDSCAPES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 4 AUGUST 2016

Application for approval of the Julian McCarthy Landscapes Pty Ltd 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 the Julian McCarthy Landscapes Pty Ltd 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.

[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 11 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The application for the approval of the Julian McCarthy Landscapes Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was heard by the Fair Work Commission. The applicant, Julian McCarthy Landscapes Pty Ltd, sought approval of the enterprise agreement, which was negotiated between the company and the union. The agreement aimed to regulate the employment terms and conditions of the employees in the landscaping industry.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was in the best interests of the employees and whether it was free from any unlawful content. The Commission also had to examine whether the agreement had been fairly negotiated and whether it complied with the procedural requirements for the making of an enterprise agreement.

The Commission concluded that the enterprise agreement was in the best interests of the employees, as it provided for a fair and reasonable set of terms and conditions. The agreement was found to be free from any unlawful content and was deemed to have been fairly negotiated. Additionally, the Commission determined that the agreement complied with all procedural requirements and was in line with the provisions of the Fair Work Act 2009.

In light of the findings, the Fair Work Commission approved the Julian McCarthy Landscapes Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement now governs the employment terms and conditions for the employees of Julian McCarthy Landscapes Pty Ltd in the landscaping industry.

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