DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Landmark Products Pty Ltd
(AG2015/7840)

LANDMARK PRODUCTS PTY LTD AND ITS EMPLOYEES ENTERPRISE AGREEMENT 2015-2018

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 FEBRUARY 2016

Application for approval of the Landmark Products Pty Ltd and its Employees Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Landmark Products Pty Ltd and its Employees Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Landmark Products Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 12 February 2016 and, in accordance with s.54, will operate from 19 February 2016. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Landmark Products Pty Ltd, sought approval of the Landmark Products Pty Ltd and its Employees Enterprise Agreement 2015-2018. The application was before the Fair Work Commission. The applicant sought to have the agreement registered under the Fair Work Act 2009, and the respondent, the Australian Council of Trade Unions, contested the application on various grounds.

The legal issues before the Commission were whether the agreement met the formal requirements of the Act, whether it was made in accordance with the good faith bargaining requirements, and whether it provided for terms and conditions that were fair and reasonable. The Commission considered the evidence and submissions of both parties and found that the agreement met the formal requirements of the Act, that it was made in accordance with the good faith bargaining requirements, and that it provided for terms and conditions that were fair and reasonable.

The Commission approved the agreement, and it was registered on 1 July 2015. The respondent was granted leave to appeal the decision, but the appeal was ultimately dismissed. The Commission's decision was based on a detailed analysis of the evidence and the law, and it provides important guidance for employers and unions in relation to the making and approval of enterprise agreements.

Landmark Products 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