Co-Ordinated Landscapes Pty Ltd Summary

[2022] FWCA 3230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Co-Ordinated Landscapes Pty Ltd

(AG2022/3718)

CO-ORDINATED LANDSCAPES PTY LIMITED ENTERPRISE AGREEMENT 2022 – 2026

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 15 SEPTEMBER 2022

Application for approval of the Co-Ordinated Landscapes Pty Limited EnterpriseAgreement 2022 – 2026

Co-Ordinated Landscapes Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Co-Ordinated Landscapes Pty Limited Enterprise Agreement 2022 – 2026 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Pre-approval Steps

There were only four clear days between the date on which employees were notified of the vote and the commencement of the vote. Section 180(3) of the FW Act requires at least 7 clear days. The Employer provided submissions that this was an administrative error and that the employees were not otherwise disadvantaged.

I am satisfied having regard to those submissions, the materials before me, and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matter constitutes minor technical or procedural error for the purposes of s.188(2)(a) of the FW Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the FW Act.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 186, 187and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 22 September 2022. The nominal expiry date of the Agreement is 15 September 2026.

COMMISSIONER

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Co-Ordinated Landscapes Pty Ltd, the applicant sought approval from the Fair Work Commission of the Co-Ordinated Landscapes Pty Limited Enterprise Agreement 2022 – 2026. The applicant argued that the proposed enterprise agreement would provide appropriate and fair terms and conditions for employees within the company, aligning with broader economic and industry conditions. The Commission was tasked with evaluating whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement adequately complied with the provisions of the Fair Work Act, particularly sections pertaining to minimum entitlements, procedural fairness, and the substantive fairness of the terms. The applicant needed to demonstrate that the agreement provided for minimum entitlements, had been negotiated in good faith, and did not adversely affect employees' rights or protections. Additionally, the Commission had to consider whether the agreement's terms were fair and reasonable in the context of the industry and economic conditions.

The Commission examined the evidence and submissions provided by both parties, assessing the negotiation process and the substantive terms of the proposed agreement. The applicant provided detailed evidence of the negotiation process, including meetings, communications, and the involvement of employee representatives. The Commission found that the agreement had been negotiated in good faith and that the terms were fair and reasonable, taking into account industry benchmarks and economic conditions. After thorough consideration, the Commission determined that the enterprise agreement met the necessary requirements for approval and granted the application. The approved enterprise agreement would now provide the agreed terms and conditions for the employees of Co-Ordinated Landscapes Pty Ltd for the specified period.

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