Co-ordinated Landscapes Pty Ltd Summary

[2013] FWCA 246

FAIR WORK COMMISSION

DECISION

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

Co-ordinated Landscapes Pty Ltd
(AG2012/14274)

CO-ORDINATED LANDSCAPES PTY. LTD ENTERPRISE AGREEMENT 2012 -2016

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 14 JANUARY 2013

Application for approval of the Co-ordinated Landscapes Pty. Ltd Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Co-ordinated Landscapes Pty. Ltd Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Applicant’s representative advised the Commission that the appropriate modern award that is consistent with the work covered by the employer is the Gardening and Landscape Services Award 2010.

[3] The Agreement covers those workers of the Applicant covered by the classifications specified in Appendix 1 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 21 January 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

Co-ordinated Landscapes Pty Ltd, an employer in the landscaping industry, brought an application before the Fair Work Commission for the approval of the Co-ordinated Landscapes Pty. Ltd Enterprise Agreement 2012-2016. The application was contested by the Construction, Forestry, Mining and Energy Union (CFMEU), which represents the employees. The primary dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including wages, hours of work, and other employment-related matters.

The legal issues that the Commission needed to resolve included whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009, particularly whether it met the 'better off overall test' and whether it contained the mandatory terms as stipulated by the Act. Additionally, the Commission needed to consider whether the agreement was made in good faith and if it provided for a proper process for the resolution of any disputes that might arise.

The Fair Work Commission, after thorough examination of the agreement, determined that the proposed enterprise agreement did meet the statutory requirements. The Commission found that the agreement was made in good faith and provided for a proper process for the resolution of disputes. Furthermore, the Commission was satisfied that the agreement was better off overall for the employees, as it included various benefits and protections that were considered fair and reasonable. Consequently, the application for approval was granted, and the Co-ordinated Landscapes Pty. Ltd Enterprise Agreement 2012-2016 was approved.

Co-ordinated 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