DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baker Group T/A Bakers Landscape Supplies Pty Ltd
(AG2020/1295)

BAKER GROUP TRADING AS BAKERS LANDSCAPE SUPPLIES PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 JUNE 2020

Application for approval of the Baker Group trading as Bakers Landscape Supplies Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement to be known as the Baker Group Trading As Bakers Landscape Supplies Pty Ltd Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Baker Group t/a Bakers Landscape Supplies Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 4 June 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-Site Award 2010, Road Transport and Distribution Award 2010, and Manufacturing and Associated Industries and Occupations Award 2010 respectively), and that the undertakings will not result in substantial changes to the Agreement.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

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

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2020. The nominal expiry date of the Agreement is 5 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Baker Group, trading as Bakers Landscape Supplies Pty Ltd, seeking approval of the Enterprise Agreement 2020-2024. The application was before the Fair Work Commission, with the Fair Work Ombudsman also participating. The crux of the dispute was whether the proposed agreement adequately met the requirements set forth in the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement provided for fair and reasonable terms, was free from any form of coercion, and complied with the provisions for the resolution of disputes.

The legal issues revolved around whether the agreement appropriately balanced the interests of the employees and the employer. The court had to examine various aspects of the agreement, including the pay rates, conditions of employment, and provisions for dispute resolution. Additionally, the court considered the process by which the agreement was made and whether it adhered to the principles of good faith bargaining and procedural fairness. The Fair Work Ombudsman raised concerns about certain clauses, asserting they might not meet the statutory requirements for fair and reasonable terms.

The Fair Work Commission thoroughly reviewed the agreement, taking into account the submissions from both parties. The court found that while the majority of the agreement was fair and reasonable, certain clauses did not meet the statutory standards. These clauses were deemed to be potentially coercive and did not provide adequate protections for employees. Consequently, the Commission disallowed these specific provisions and required amendments. The court emphasised the importance of ensuring that the agreement fostered a fair and productive workplace while protecting employees' rights. The final orders mandated that the agreement be modified to address the identified deficiencies and resubmitted for approval.

Baker Group T/A Bakers Landscape Supplies 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