Tenite Pty Ltd

[2020] FWCA 6376

[2020] FWCA 6376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tenite Pty Ltd
(AG2020/2987)

B & K REVEGETATION AND LANDSCAPING (B&K) ENTERPRISE AGREEMENT FOUR (4) YEARS

Gardening services
COMMISSIONER WILSON	MELBOURNE, 26 NOVEMBER 2020

Application for approval of the B & K Revegetation and Landscaping (B&K) Enterprise Agreement Four (4) years.

[1] An application has been made for approval of an enterprise agreement known as the B & K Revegetation and Landscaping (B&K) Enterprise Agreement Four (4) years (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tenite Pty Ltd. 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. The undertakings are taken to be a term of 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2020. The nominal expiry date of the Agreement is 26 November 2024.

COMMISSIONER

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Annexure A