DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solutions People (Aust) Pty Limited T/A Landscape Solutions
(AG2020/1915)

SOLUTIONS PEOPLE (AUST) PTY LIMITED (LANDSCAPE PROJECTS QLD) ENTERPRISE AGREEMENT 2020 - 2024

Gardening services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 AUGUST 2020

Application for approval of the Solutions People (Aust) Pty Limited (Landscape Projects QLD) Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as Solutions People (Aust) Pty Limited (Landscape Projects QLD) Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Solutions People (Aust) Pty Limited T/A Landscape Solutions (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer 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, 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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2020. The nominal expiry date of the Agreement is 18 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Solutions People (Aust) Pty Limited, trading as Landscape Solutions, and the Australian Council of Trade Unions. The company sought approval of the Solutions People (Aust) Pty Limited (Landscape Projects QLD) Enterprise Agreement 2020-2024, which was intended to govern the employment terms of its employees. The application was contested by the trade union, which raised several concerns about the fairness and compliance of the proposed agreement with the relevant industrial laws.

The primary legal issues before the Commission were whether the proposed enterprise agreement was fair and appropriate, and if it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to assess if the agreement met the "better off overall test" and whether it contained provisions that were "in accordance with the law". The Commission also had to determine if the agreement was consistent with the "national workplace relations system" and if it provided for a fair and reasonable process for resolving disputes between the employer and employees.

The Commission found that the proposed enterprise agreement was fair and appropriate for the employees of Solutions People (Aust) Pty Limited. The agreement was deemed to meet the better off overall test, as it provided for a range of benefits and protections for employees that were considered to be better than what they would receive under the relevant award or safety net. The Commission also found that the agreement was consistent with the national workplace relations system and contained appropriate dispute resolution provisions. Furthermore, the Commission held that the agreement did not contain any provisions that were inconsistent with the law.

Accordingly, the Fair Work Commission approved the Solutions People (Aust) Pty Limited (Landscape Projects QLD) Enterprise Agreement 2020-2024, effective from the date of the decision. The agreement was registered with the Fair Work Commission and became the governing instrument for the employment terms and conditions of the employees covered by the agreement.

Solutions People (Aust) Pty Limited T/A Landscape Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established