DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gimbells Landscaping Pty Ltd
(AG2014/10209)

GIMBELLS LANDSCAPING PTY LTD ENTERPRISE BARGAINING AGREEMENT 2014-2018

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 5 FEBRUARY 2015

Application for approval of the Gimbells Landscaping Pty Ltd Enterprise Bargaining Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Gimbells Landscaping Pty Ltd Enterprise Bargaining Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gimbells Landscaping Pty Ltd. The Agreement is a single-enterprise agreement. I note that in Part 1 (1) of the Agreement there is a typographical error as to the Title of the Agreement. I am satisfied that it is the intention of the parties that it should read Gimbells Landscaping Pty Ltd Enterprise Bargaining Agreement 2014-2018, not Gimbells Landscaping Pty Ltd Enterprise Bargaining Agreement 2014-2015.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2015. The nominal expiry date of the Agreement is 11 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Gimbells Landscaping Pty Ltd was the applicant, seeking approval of the Gimbells Landscaping Pty Ltd Enterprise Bargaining Agreement 2014-2018. The respondent, the Building, Construction, Forestry, Mining and Energy Union, opposed the application. The primary dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the respondent argued that the agreement did not comply with certain provisions regarding the protection of employees' rights and entitlements.

The Commission had to determine whether the agreement was a "single, clear and whole" document, as required by the Fair Work Act. It also needed to ascertain if the agreement provided adequate protections for employee entitlements and conditions, such as minimum wages, leave provisions, and dispute resolution mechanisms. The Commission further considered whether the agreement had been made in good faith and if it contained provisions that were genuinely bargained between the parties.

The Fair Work Commission found that the agreement was indeed a single, clear, and whole document, meeting the statutory requirements. It concluded that the agreement contained provisions that adequately protected employees' rights and entitlements, and that these provisions had been genuinely bargained between the parties. The Commission determined that the agreement was made in good faith and met the necessary criteria for approval. Therefore, the application was approved.

The Commission ordered the approval of the Gimbells Landscaping Pty Ltd Enterprise Bargaining Agreement 2014-2018, effective from the date of the decision. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the employment conditions of the workers covered by the agreement.

Gimbells Landscaping 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