Bland 2 Brilliant Landscapes Pty Ltd

[2013] FWCA 2037

FAIR WORK COMMISSION

DECISION

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

Bland 2 Brilliant Landscapes Pty Ltd
(AG2013/724)

BLAND 2 BRILLIANT LANDSCAPES ENTERPRISE AGREEMENT 2013

Nursery industry
COMMISSIONER SPENCER	BRISBANE, 5 APRIL 2013

Application for approval of the Bland 2 Brilliant Landscapes Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bland 2 Brilliant Landscapes Enterprise Agreement 2013 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2013. The nominal expiry date of the Agreement is 12 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were Bland 2 Brilliant Landscapes Pty Ltd, represented by its director, and the Transport Workers Union of Australia. The dispute centred around the approval of the Bland 2 Brilliant Landscapes Enterprise Agreement 2013. This matter was heard in the Fair Work Commission of Australia. The core legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement provided for minimum terms and conditions, and if the process of reaching the agreement was procedurally sound.

The Fair Work Commission examined whether the enterprise agreement contained all the required minimum terms and conditions as stipulated by the Fair Work Act. The commission also assessed if the agreement was genuinely negotiated and if the necessary procedures were followed during its formation. Furthermore, the court needed to verify that the agreement complied with the procedural fairness requirements set out in the Fair Work Act. This included scrutinising whether the employer provided the union with adequate information and opportunity to negotiate.

The commission concluded that the Bland 2 Brilliant Landscapes Enterprise Agreement 2013 satisfied the statutory requirements for approval. It found that the agreement contained all the necessary minimum terms and conditions and that the negotiation process was fair and transparent. The commission was satisfied that the employer had provided the union with sufficient information and opportunity to negotiate, and that the union had exercised its bargaining rights effectively. Consequently, the commission approved the agreement, finding it met all legal standards for validity.

The Fair Work Commission approved the Bland 2 Brilliant Landscapes Enterprise Agreement 2013, determining that it complied with all statutory requirements. The commission found the agreement to be comprehensive in terms of minimum terms and conditions and that the negotiation process was fair. This decision confirmed the validity of the enterprise agreement and allowed it to be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established