DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ace Landscape Services Pty Ltd
(AG2016/7548)

ACE LANDSCAPE SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 16 FEBRUARY 2017

Application for approval of the Ace Landscape Services Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ace Landscape Services Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ace Landscape Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2017. The nominal expiry date of the Agreement is 15 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ace Landscape Services Pty Ltd is the subject of an application for the approval of the Ace Landscape Services Pty Ltd Enterprise Agreement 2016. The applicant is the Fair Work Commission, acting under the Fair Work Act 2009. The respondent is Ace Landscape Services Pty Ltd, a landscaping company. The dispute revolves around the approval of a proposed enterprise agreement between Ace Landscape Services and its employees. The application seeks the Commission’s approval of the agreement to ensure it meets the requirements of the Fair Work Act.

The legal issues before the court involved whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the court had to determine whether the agreement provided for appropriate terms and conditions, including pay rates, hours of work, leave provisions, and other employment conditions. The court also considered whether the agreement was made without coercion, and whether it provided for appropriate dispute resolution mechanisms. The Commission examined the negotiation process and the fairness of the agreement in the context of the parties' bargaining power and the broader industrial landscape.

The Fair Work Commission, in its decision, found that the proposed agreement met the necessary criteria for approval. The Commission considered that the agreement was the product of genuine bargaining and was not made under duress or coercion. The Commission also found that the agreement provided for reasonable terms and conditions, including fair pay rates and adequate leave provisions. Furthermore, the Commission was satisfied that the dispute resolution mechanisms were appropriate and would facilitate the resolution of any future disputes. As a result, the Commission approved the Ace Landscape Services Pty Ltd Enterprise Agreement 2016, thereby resolving the application.

The final orders of the Fair Work Commission included the approval of the Ace Landscape Services Pty Ltd Enterprise Agreement 2016. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the employees of Ace Landscape Services Pty Ltd. The Commission’s decision provides certainty for both the employer and the employees and ensures that the agreement aligns with the principles of the Fair Work Act.

Ace Landscape Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established