DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bland 2 Brilliant Landscapes Pty Ltd
(AG2016/4146)

BLAND 2 BRILLIANT LANDSCAPES ENTERPRISE AGREEMENT 2016

Gardening services
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Bland 2 Brilliant Landscapes Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bland 2 Brilliant Landscapes Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bland 2 Brilliant Landscapes 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2016. The nominal expiry date of the Agreement is 19 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bland 2 Brilliant Landscapes Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Bland 2 Brilliant Landscapes Enterprise Agreement 2016. The dispute arose when the applicant company sought to have the enterprise agreement recognised as meeting the "better off overall test" and as a registered agreement. The parties involved in the dispute were Bland 2 Brilliant Landscapes Pty Ltd and their employees represented by the Building and Construction Union.

The primary legal issues before the Commission were whether the proposed agreement satisfied the "better off overall test" and whether it met the requirements of the Fair Work Act 2009 for registration. The "better off overall test" requires that employees under an enterprise agreement be no worse off financially or in terms of conditions of employment compared to their entitlements under a relevant award or other agreement. Additionally, the Commission had to consider if the agreement complied with the procedural requirements for registration, including whether the agreement was made in good faith and without coercion.

In delivering its decision, the Commission carefully examined the evidence and submissions provided by both parties. It assessed whether the proposed agreement provided benefits to employees that outweighed any disadvantages, taking into account various factors such as wages, hours of work, and other conditions. The Commission also evaluated whether the agreement was made in good faith and without coercion, considering the process through which the agreement was negotiated and the context in which it was made. Ultimately, the Commission found that the enterprise agreement met both the "better off overall test" and the requirements for registration, leading to its approval.

The Commission approved the Bland 2 Brilliant Landscapes Enterprise Agreement 2016, confirming that it met the necessary statutory criteria. This decision legally binds the employer and the employees to the terms of the agreement, which now governs their employment relationship.

Bland 2 Brilliant 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