Construction, Forestry and Maritime Employees Union [2024] FWCA 735 (28 February 2024)

Last Updated: 4 March 2024

[2024] FWCA 735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union

(AG2024/351)

LIVING COLOUR LANDSCAPES (AUST) PTY LTD AS TRUSTEE FOR THE CLASSON FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 FEBRUARY 2024

Application for approval of the LIVING COLOUR LANDSCAPES (AUST) PTY LTD AS TRUSTEE FOR THE CLASSON FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the LIVING COLOUR LANDSCAPES (AUST) PTY LTD AS TRUSTEE FOR THE CLASSON FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2020-2023 (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 and Maritime Employees 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry and Maritime Employees 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2024. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

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