Bland 2 Brilliant Landscapes Pty Ltd Summary

[2024] FWCA 2663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bland 2 Brilliant Landscapes Pty Ltd

(AG2024/2392)

BLAND 2 BRILLIANT LANDSCAPES PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 18 JULY 2024

Application for approval of the Bland 2 Brilliant Landscapes Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bland 2 Brilliant Landscapes Pty Ltd Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided and clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bland 2 Brilliant Landscapes Pty Ltd is an enterprise that sought approval for its Enterprise Agreement 2024 from the Fair Work Commission. The application was brought forth due to a dispute regarding the terms and conditions of employment within the company. The Fair Work Commission, under the Fair Work Act 2009, was tasked with assessing the agreement to ensure it complied with the statutory requirements and promoted harmonious, productive, and cooperative workplace relationships.

The legal issues before the Commission involved determining whether the enterprise agreement met the necessary criteria for approval under section 231 of the Act. Specifically, the Commission needed to ascertain if the agreement contained the essential minimum terms, was free from prohibited content, and did not unfairly discriminate against any employee or class of employees. The Commission also had to consider whether the agreement would promote harmonious, productive, and cooperative workplace relationships.

The Fair Work Commission, after reviewing the evidence and submissions, found that the Bland 2 Brilliant Landscapes Pty Ltd Enterprise Agreement 2024 contained all the essential minimum terms as required by the Act. The agreement was deemed to be free from prohibited content and did not unfairly discriminate against any employee or class of employees. Furthermore, the Commission was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relationships. Therefore, the Commission approved the enterprise agreement, confirming its compliance with the statutory requirements.

The final order of the Fair Work Commission was that the Bland 2 Brilliant Landscapes Pty Ltd Enterprise Agreement 2024 be approved as meeting the necessary criteria under the Fair Work Act 2009. The agreement was thus registered and would govern the terms and conditions of employment for the employees covered by the agreement, effective from the date of approval.

Bland 2 Brilliant Landscapes Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established