DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1138)

THE RICCOTTI FAMILY TRUST T/AS LANDWORKS LANDSCAPING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 APRIL 2017

Application for approval of The Riccotti Family Trust T/As Landworks 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 Riccotti Family Trust T/As Landworks 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 19 April 2017. 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 Riccotti Family Trust, trading as Landworks Landscaping Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) sought approval of their enterprise agreement from 2016 to 2018. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement satisfied the requirements for registration under the Fair Work Act, particularly whether the agreement contained all the necessary provisions, including those related to minimum entitlements, and whether it was made in good faith and without coercion. The union argued that the agreement was fair and just, while the employer raised concerns about certain provisions.

The Fair Work Commission found that the agreement did not contain all the required minimum terms and conditions, and that certain provisions were not in accordance with the principles of good faith bargaining. The Commission noted that some provisions appeared to be inconsistent with the legislative intent and did not adequately protect employee entitlements. Consequently, the application for approval was dismissed.

The Fair Work Commission's decision was that the enterprise agreement was not approved as it did not meet the statutory requirements for registration. The Commission emphasised the importance of ensuring that all necessary minimum terms and conditions are included and that agreements are made in accordance with the principles of good faith bargaining. This ruling underscores the necessity for careful drafting and consideration of all relevant legal provisions in enterprise agreements.

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