DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Landscape Plus (Vic) Pty Ltd
(AG2015/6125)

LANDSCAPE PLUS ENTERPRISE AGREEMENT 2015

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 26 NOVEMBER 2015

Application for approval of the Landscape Plus Enterprise Agreement 2015.

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 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 3 December 2015. The nominal expiry date of the Agreement is 25 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Landscape Plus (Vic) Pty Ltd, an employer in the landscaping industry, applied to the Fair Work Commission for approval of the Landscape Plus Enterprise Agreement 2015. The application was brought in the context of a dispute between the employer and its employees, who were represented by the Building and Construction General On-Site Union. The Fair Work Commission, with its powers under the Fair Work Act 2009, was tasked with determining whether the agreement met the criteria for approval.

The central legal issue before the Commission was whether the agreement was in the public interest and met the necessary standards for fair and effective workplace relations. Specifically, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions, was free from coercion and undue influence, and complied with the relevant legislative framework. Additionally, the Commission had to ensure that the agreement did not undermine the rights and protections afforded to employees under the Fair Work Act.

The Fair Work Commission, after examining the agreement and hearing submissions from both parties, concluded that the Landscape Plus Enterprise Agreement 2015 was fair and reasonable. The Commission found that the agreement provided for terms and conditions that were consistent with the overarching objectives of the Fair Work Act, including the protection of employees' rights and the promotion of fair and effective workplace relations. The Commission also found that the agreement was free from coercion and undue influence, and that it complied with the legislative framework. As a result, the Fair Work Commission approved the Landscape Plus Enterprise Agreement 2015, thereby resolving the dispute between the employer and its employees.

Landscape Plus (Vic) 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