Integra Land Pty Ltd

[2013] FWCA 8855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integra Land Pty Ltd
(AG2013/10855)

INTEGRA LAND PTY. LTD. LANDSCAPING ENTERPRISE AGREEMENT 2013

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 11 NOVEMBER 2013

Application for approval of the Integra Land Pty. Ltd. Landscaping Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Integra Land Pty. Ltd. Landscaping 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 Integra Land Pty Ltd. The agreement is a single-enterprise agreement.

[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 18 November 2013. The nominal expiry date of the Agreement is 27 November 2016.

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Integra Land Pty Ltd sought approval of the Integra Land Pty Ltd Landscaping Enterprise Agreement 2013. The dispute centred around whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009, particularly focusing on the fairness and compliance with procedural requirements. The applicant argued that the agreement was fair and had been negotiated in good faith, while the respondent contested the fairness and procedural correctness of the negotiation process.

The central legal issue before the court was whether the agreement was genuinely bargained for, free from coercion, and whether the process leading to its creation adhered to the legislative requirements. This involved examining the negotiation process, the involvement of employee representatives, and the content of the agreement itself to ensure it met the criteria for approval under the Fair Work Act.

The court analysed the evidence presented regarding the negotiation process, concluding that the agreement had been reached through genuine bargaining without undue influence or coercion. The court found that the process was fair, and the agreement met all necessary legislative standards. The content of the agreement was also deemed to be fair and reasonable, covering all required terms and conditions. The court approved the agreement, finding that it was in compliance with the statutory requirements and could be registered.

The court ordered the registration of the Integra Land Pty Ltd Landscaping Enterprise Agreement 2013, recognising it as a valid and enforceable agreement under the Fair Work Act 2009. This decision was based on the court's determination that the agreement was fairly negotiated and met all legislative criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established