DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tenite Pty Ltd
(AG2016/1281)

B&K REVEGETATION AND LANDSCAPING ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the B&K Revegetation and Landscaping Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the B&K Revegetation and Landscaping Enterprise Agreement 2016-2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 21 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Tenite Pty Ltd for the approval of the B&K Revegetation and Landscaping Enterprise Agreement 2016-2020. This application came about following a series of negotiations between the applicant and the B&K Revegetation and Landscaping Union. The crux of the dispute centred on whether the proposed enterprise agreement, which had been agreed upon by the parties, met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement was genuinely a product of bargaining between the parties and whether the agreement contained all the mandated terms and conditions as stipulated by the Fair Work Act. Additionally, the court needed to determine if the agreement would lead to improved workplace relations and whether it provided for adequate protections for the employees.

The Fair Work Commission found that the enterprise agreement was a genuine product of the bargaining process between Tenite Pty Ltd and the B&K Revegetation and Landscaping Union. The commission also determined that the agreement included all the mandated terms and conditions and that it would contribute positively to the workplace relations. The commission was satisfied that the agreement provided adequate protections for the employees, including provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms. Consequently, the commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the B&K Revegetation and Landscaping Enterprise Agreement 2016-2020 be approved and registered as a valid enterprise agreement under the Fair Work Act.

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