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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Tenite Pty Ltd sought approval of the B&K Revegetation and Landscaping Enterprise Agreement from the Fair Work Commission. The application was brought under the Fair Work Act 2009, and the Commission was required to consider whether the agreement was fair and reasonable, and met the criteria for approval.

The primary legal issue was whether the Enterprise Agreement contained all the terms and conditions of employment and was fair and reasonable. The application was made by Tenite Pty Ltd, who argued that the agreement was appropriate and met all the requirements for approval. The Commission was required to assess the fairness of the agreement, including the terms and conditions of employment, the process by which the agreement was negotiated, and whether the agreement met the criteria set out in the Fair Work Act.

The Fair Work Commission found that the application for approval of the Enterprise Agreement was appropriate and met all the necessary criteria. The Commission considered the terms and conditions of employment, the process by which the agreement was negotiated, and the overall fairness of the agreement. The Commission found that the agreement was fair and reasonable and met all the criteria for approval. The Commission approved the application for a period of four years, and the agreement will now form the basis of employment for the employees of B&K Revegetation and Landscaping.

The Fair Work Commission approved the application for approval of the Enterprise Agreement and set out the terms and conditions of employment for the employees of B&K Revegetation and Landscaping. The agreement was approved for a period of four years, and the Commission found that the agreement was fair and reasonable. The Commission considered the terms and conditions of employment, the process by which the agreement was negotiated, and the overall fairness of the agreement. The approval of the Enterprise Agreement will now provide certainty for the employees of B&K Revegetation and Landscaping and Tenite Pty Ltd.

Tenite 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