T & A Emmerton Pty Ltd as Trustee for the T & A Emmerton Family Trust

[2025] FWCA 1533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

T & A Emmerton Pty Ltd as Trustee for the T & A Emmerton Family Trust

(AG2025/1036)

T&A EMMERTON PTY LTD ENTERPRISE AGREEMENT 2025

Gardening services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 7 MAY 2025

Application for approval of the T & A Emmerton Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the
T & A Emmerton Pty Ltd Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by T&A Emmerton Pty Ltd as Trustee for the T&A Emmerton Family Trust (Employer). The Agreement is a single enterprise agreement.

As there were no employee bargaining representatives in relation to this Agreement, the Employer was directed to provide to the employees proposed to be covered by the Agreement a copy of, or ready access to a copy of, the email correspondence passing between the Employer’s representative and the Commission regarding the Agreement, and advice that the employees may provide responsive views regarding the Agreement approval application directly to the Commission by emailing Chambers by 4:00pm on 5 May 2025. The Employer confirmed that it complied with the Commission’s direction by the compliance deadline. No responsive views by the employees were received by the Commission.

I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Agreement does not contain a flexibility term compliant with the Act. Employees were asked to vote to approve the Agreement on 2 April 2025. Accordingly, pursuant to
s 202(4) and clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 14 May 2025. The nominal expiry date of the Agreement is 7 May 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of T & A Emmerton Pty Ltd as Trustee for the T & A Emmerton Family Trust, the Fair Work Commission was tasked with determining whether to approve the proposed Enterprise Agreement between the employer and its employees. The applicant, T & A Emmerton Pty Ltd, sought approval of the agreement, which outlined terms and conditions of employment for its staff. The primary dispute centred around various aspects of the agreement, including pay rates, classification of roles, and procedural matters, which were contentious between the employer and the employees' representatives.

The legal issues before the Commission required a careful analysis of whether the agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was made in good faith, provided for the safety, health and welfare of employees, and adhered to the provisions of the Act. Furthermore, the Commission had to consider the balance of rights and obligations between the parties and whether the agreement was likely to promote harmonious, productive and cooperative workplace relations.

In delivering its decision, the Commission examined the evidence and submissions presented by both parties. It noted that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable. The Commission found that the agreement met the statutory requirements and was likely to promote harmonious, productive and cooperative workplace relations. Consequently, the Commission approved the application for the agreement to be registered, thereby formalising the terms and conditions of employment as outlined in the agreement. The decision underscored the importance of fair and transparent negotiations in achieving an agreement that is both legally compliant and conducive to a positive workplace environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established