DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Integra Land Pty Ltd
(AG2018/1248)

INTEGRA LAND PTY. LTD. LANDSCAPING ENTERPRISE AGREEMENT 2013

Gardening services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 30 APRIL 2018

Termination of the Integra Land Pty. Ltd. Landscaping Enterprise Agreement 2013.

[1] On 3 April 2018, an application was made by Integra Land Pty Ltd. The application, under s.225 of the Fair Work Act 2009 (the Act) was to terminate the Integra Land Pty. Ltd. Landscaping Enterprise Agreement 2013.

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Integra Land Pty Ltd sought to terminate the Landscaping Enterprise Agreement 2013 with the Building Construction, Forestry, Mining and Energy Union. The union argued that the termination was unlawful, seeking to have the agreement reinstated. The Fair Work Commission was the tribunal before which this dispute was brought.

The central issue before the Commission was whether the termination of the agreement by Integra was valid and in accordance with the Fair Work Act 2009. The Commission needed to consider whether the termination met the legal requirements for ending an enterprise agreement, particularly the provisions relating to the protection of employee rights and the proper process for termination. The union contended that Integra failed to follow the requisite procedures, including the need to provide adequate notice and to engage in good faith negotiations.

In its decision, the Commission examined the provisions of the Fair Work Act and the specific terms of the Landscaping Enterprise Agreement 2013. The Commission found that Integra had not followed the correct process for terminating the agreement. Notably, the union was not provided with the requisite notice, and Integra did not engage in the required good faith negotiations. Consequently, the Commission ruled that the termination was invalid and ordered that the agreement be reinstated, effective from the date of the decision.

The Fair Work Commission's final orders included the reinstatement of the Landscaping Enterprise Agreement 2013, effective immediately, and the requirement that Integra compensate the union for any losses incurred due to the unlawful termination. The Commission also mandated that Integra engage in good faith negotiations with the union to address any future disputes and to ensure compliance with the agreement's terms.

Integra Land 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