DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4565)

NORMARK GARDENING UNIT TRUST (THE TRUSTEE FOR) T/AS NORMARK LANDSCAPING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 JULY 2016

Application for approval of the Normark Gardening Unit Trust (the Trustee for) T/As Normark Landscaping 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 Normark Gardening Unit Trust (the Trustee for) T/As Normark Landscaping 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 2 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Mining and Energy Union, the Fair Work Commission was tasked with determining whether to approve the Normark Gardening Unit Trust (acting as the trustee for Normark Landscaping Pty Ltd) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The union and the employer sought the Commission's approval for the enterprise agreement, which outlined terms and conditions of employment for employees in the landscaping industry. The legal issues before the Commission were centred on whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees it covered.

The Commission began its analysis by confirming that the agreement was made in good faith and contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. The court considered whether the agreement had been genuinely negotiated between the parties and if it provided for a fair and equitable resolution of employment issues. The Commission also examined whether the agreement contained provisions that were consistent with the overall public interest and whether it provided for adequate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms.

After thorough deliberation, the Fair Work Commission determined that the Normark Gardening Unit Trust (the Trustee for) T/As Normark Landscaping Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 met the necessary criteria for approval. The Commission found that the agreement was genuinely negotiated, contained all the required minimum terms and conditions, and was in the best interests of the employees it covered. Consequently, the Commission approved the enterprise agreement, which will now serve as the basis for employment conditions between Normark Landscaping Pty Ltd and the union's members for the specified period.

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