Construction, Forestry, Mining and Energy Union

[2013] FWCA 6278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8710)

GARDEN FX LANDSCAPING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 AUGUST 2013

Application for approval of the Garden FX Landscaping Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Garden FX Landscaping Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). 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 CFMEU 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, will operate from 6 September 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, the applicant sought approval of the Garden FX Landscaping Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute involved the union's application for Fair Work Australia's approval of the enterprise agreement, which was contested by the employer. The matter was heard in the Fair Work Commission, the Australian industrial relations tribunal.

The primary legal issues before the court were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009 and if it was fair and reasonable in accordance with the Act's provisions. Specifically, the court needed to determine if the agreement was free from any unlawful content, was not contrary to public policy, and provided a fair and efficient means of determining the employment terms of the employees covered by the agreement.

In delivering its decision, the Fair Work Commission found that the enterprise agreement was free from any unlawful content and did not contravene public policy. The court considered the agreement to be fair and reasonable, as it provided for a balanced distribution of benefits and obligations between the parties and allowed for the efficient management of the workplace. The agreement also contained provisions that were consistent with the objectives of the Fair Work Act, such as promoting cooperative and productive workplace relations and facilitating the resolution of workplace disputes. Consequently, the court approved the enterprise agreement, confirming its compliance with the statutory requirements.

The final orders of the Fair Work Commission included the approval of the Garden FX Landscaping Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, effective from the date of the decision. The court emphasised that the agreement would apply to all employees of the employer who were covered by the agreement and would remain in force until it was terminated, varied, or replaced in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established