Bakers Landscape Supplies Pty Ltd

[2013] FWCA 7337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bakers Landscape Supplies Pty Ltd
(AG2013/2345)

BAKERS LANDSCAPE SUPPLIES PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 24 SEPTEMBER 2013

Application for approval of the Bakers Landscape Supplies Pty Ltd Employee Collective Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Bakers Landscape Supplies Pty Ltd Employee Collective Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Bakers Landscape Supplies Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 1 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE “A”

CaseChat Overview and Summary

Bakers Landscape Supplies Pty Ltd brought an application to the Fair Work Commission for approval of the Bakers Landscape Supplies Pty Ltd Employee Collective Agreement 2013-2017. The respondent, the Electrical Trades Union of Australia, argued that the agreement was not appropriately certified as it failed to meet the statutory requirements under the Fair Work Act 2009. The central issue was whether the application complied with the relevant provisions of the Act, specifically sections 226 and 227, which outline the requirements for the approval of a certified agreement.

The Fair Work Commission examined the application process, including whether the union had appropriately certified the agreement and if the agreement met the statutory criteria. It was determined that the union had not followed the correct procedures in certifying the agreement, as it had not provided the required notice to the employees and had not allowed for a period of time in which employees could object to the agreement. The Commission found that the application did not comply with the statutory requirements for approval of a certified agreement.

Consequently, the Fair Work Commission dismissed the application for approval of the Bakers Landscape Supplies Pty Ltd Employee Collective Agreement 2013-2017. The court held that the application was invalid as the union had not followed the correct procedures in certifying the agreement and that the agreement did not meet the statutory criteria. The decision highlights the importance of following the correct procedures in the certification and approval of a certified agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established