DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Environmental Landscapes Pty Ltd
(AG2016/1742)

AUSTRALIAN ENVIRONMENTAL LANDSCAPES PTY LTD ENTERPRISE AGREEMENT 2016

Gardening services
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2016

Application for approval of the Australian Environmental Landscapes Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Environmental Landscapes 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 Australian Environmental Landscapes Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 19 August 2016 and, in accordance with s.54, will operate from 26 August 2016. The nominal expiry date of the Agreement is 19 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Environmental Landscapes Pty Ltd case involved a dispute regarding the approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements. The applicants, Australian Environmental Landscapes Pty Ltd, sought approval for the proposed enterprise agreement, while the respondents, represented by union officials, opposed the application on various grounds.

The central legal issues before the Commission revolved around whether the proposed agreement complied with the statutory requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement was free from any sham provisions, if it complied with the good faith bargaining obligations, and if it provided adequate protections for employees' rights and entitlements. The Commission also needed to consider whether the agreement had been properly negotiated and if it included all necessary provisions for the protection of employees' interests.

The Fair Work Commission carefully examined the contents of the proposed agreement and the evidence presented by both parties. It found that the agreement was negotiated in good faith and contained all necessary provisions for the protection of employees' interests. The Commission noted that while there were some concerns about the clarity and specificity of certain clauses, these did not render the agreement non-compliant. The Commission was satisfied that the agreement provided adequate protections for employees' rights and entitlements and that it complied with the statutory requirements of the Fair Work Act. As a result, the Commission approved the Australian Environmental Landscapes Pty Ltd Enterprise Agreement 2016.

The Commission's final order was that the application for approval of the Australian Environmental Landscapes Pty Ltd Enterprise Agreement 2016 be granted. This decision allowed the enterprise agreement to come into effect, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

Australian Environmental Landscapes 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