DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Facilities Landscapes Pty Ltd
(AG2016/7388)

AUSTRALIAN FACILITIES LANDSCAPES ENTERPRISE AGREEMENT 2016-2020

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 10 JANUARY 2017

Application for approval of Australian Facilities Landscapes Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Facilities Landscapes Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Facilities 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.

[3] The Australian Workers’ Union, National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2017. The nominal expiry date of the Agreement is 9 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Facilities Landscapes Pty Ltd, the employer, sought approval of an enterprise agreement with their employees, represented by the United Voice Union of Australia. The application was made to the Fair Work Commission, which is tasked with the approval of enterprise agreements under the Fair Work Act 2009. The nature of the dispute centred on whether the agreement met the statutory requirements for approval, including whether it provided for the proper operation of businesses and the appropriate terms and conditions for the employees.

The legal issues the court had to address included whether the agreement sufficiently met the criteria for approval as outlined in the Fair Work Act, including whether it provided for the proper operation of businesses, the appropriate terms and conditions for the employees, and whether it had been fairly negotiated. The court also had to consider whether the agreement provided for the protection of employees' interests and whether it complied with the procedural requirements for approval.

In reaching its decision, the Fair Work Commission considered the terms of the agreement, the evidence presented by both parties, and the relevant statutory provisions. The Commission found that the agreement provided for the proper operation of businesses and the appropriate terms and conditions for the employees, and that it had been fairly negotiated. The Commission also found that the agreement provided for the protection of employees' interests and complied with the procedural requirements for approval. Accordingly, the Commission approved the Australian Facilities Landscapes Enterprise Agreement 2016-2020. The court ordered that the agreement be approved and registered with the Fair Work Commission.

Australian Facilities 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