Interface Landscapes Pty Ltd

[2013] FWCA 961

FAIR WORK COMMISSION

DECISION

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

Interface Landscapes Pty Ltd
(AG2013/4703)

INTERFACE LANDSCAPES ENTERPRISE AGREEMENT 2012

Gardening services
COMMISSIONER ASBURY	BRISBANE, 11 FEBRUARY 2013

Application for approval of the Interface Landscapes Enterprise Agreement 2012.

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

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

[3] On 7 February 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 18 February 2013. The nominal expiry date of the Agreement is 11 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Interface Landscapes Pty Ltd, sought approval of the Interface Landscapes Enterprise Agreement 2012. The matter was heard in the Fair Work Commission. The applicant is an employer engaged in landscaping services, while the respondents, represented by the Construction, Forestry, Mining and Energy Union (CFMEU), are the employees covered by the agreement. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues were whether the agreement provided for fair and reasonable terms and conditions of employment, and if it contained the necessary procedural provisions to ensure transparency and fairness. The court had to examine if the agreement was made in good faith and if it complied with the Fair Work Act's requirements for procedural fairness.

The Commission found that the agreement was made in good faith and contained terms that were fair and reasonable. The procedural fairness requirements were also met, as the agreement included provisions for consultation and dispute resolution. The court noted the absence of any adverse findings against the applicant in the evidence presented, and therefore concluded that the application should be approved. The agreement was deemed to be compliant with the necessary legislative standards.

The Fair Work Commission approved the Interface Landscapes Enterprise Agreement 2012, with the approval to take effect from the date of the decision. This outcome allows the applicant to implement the agreed terms and conditions with its employees, providing a legally binding framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established