| [2020] FWCA 4215 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Solutions People (Aust) Pty Limited T/A Landscape Solutions
(AG2020/1906)
SOLUTIONS PEOPLE (AUST) PTY LIMITED ENTERPRISE AGREEMENT 2020 - 2024
Gardening services | |
DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 18 AUGUST 2020 |
Application for approval of the Solutions People (Aust) Pty Limited Enterprise Agreement 2020 - 2024.
[1] An application has been made for approval of an enterprise agreement known as Solutions People (Aust) Pty Limited 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
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Annexure A
- AGLC
- Solutions People (Aust) Pty Limited T/A Landscape Solutions [2020] FWCA 4215
- Case
- [2020] FWCA 4215
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the enterprise agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the statutory minimum entitlements, and whether the agreement was negotiated in good faith. The Commission also had to consider whether the agreement was likely to promote improved industrial relations and whether it met the criteria for approval under the Fair Work Act 2009.
In delivering its decision, the Commission examined the provisions of the proposed agreement, taking into account the evidence provided by both parties. The Commission determined that the enterprise agreement contained fair and reasonable terms and conditions of employment, met the statutory minimum entitlements, and was negotiated in good faith. The Commission further found that the agreement was likely to promote improved industrial relations. Based on these findings, the Commission approved the enterprise agreement under the Fair Work Act 2009.
The Commission's decision was based on a comprehensive analysis of the agreement's provisions and the evidence presented by the parties. The Commission concluded that the proposed agreement met the necessary criteria for approval, and therefore, the application for approval was successful.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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