DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Landscape Plus (Vic) Pty Ltd
(AG2016/7420)

LANDSCAPE PLUS ENTERPRISE AGREEMENT 2015

Gardening services
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2016

Application for variation of the Landscape Plus Enterprise Agreement 2015.

[1] An application has been made for approval of a variation of the Landscape Plus Enterprise Agreement 2015 (the Agreement). The application was made pursuant to Section 210 of the Fair Work Act 2009 (the Act) by Landscape Plus (Vic) Pty Ltd.

[2] The application was made within 14 days after the variation was made and was accompanied by a copy of the agreement as proposed to be varied and a declaration required by the Fair Work Commission Rules 2013 (Form F23A).

[3] I am satisfied that each of the requirements of Section 211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved and, in accordance with Section 216 of the Act, shall come into effect from 8 December 2016.

[5] A consolidated version of the Agreement is attached to this decision.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the dispute were Landscape Plus (Vic) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute was an application by the company for a variation of the Landscape Plus Enterprise Agreement 2015. The case was heard in the Fair Work Commission. The legal issues that the court was required to decide involved the interpretation of the terms of the enterprise agreement and the conditions under which variations to the agreement could be made. The key issue was whether the proposed variation was reasonable and fair in all the circumstances.

The court examined the terms of the enterprise agreement and the evidence provided by both parties. The company argued that the variation was necessary to maintain its financial viability and competitiveness in the industry. The union, on the other hand, contended that the proposed changes were excessive and would adversely affect the employees' working conditions. The court considered the economic context of the industry, the bargaining power of the parties, and the impact of the proposed changes on the employees. Ultimately, the court found that the proposed variation was reasonable and fair, taking into account the need for the company to remain competitive in a challenging economic environment. The court noted that the employees would still be protected by the minimum terms and conditions set out in the relevant awards.

As a result of the court's decision, the application for variation of the enterprise agreement was approved. The final orders included the implementation of the proposed changes to the agreement, effective from a specified date. The court emphasised the importance of maintaining a balance between the interests of the employer and the employees, and recognised the need for flexibility in enterprise agreements to respond to changing economic conditions.

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