The Land's Edge Foundation Limited Summary

[2025] FWCA 957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Land’s Edge Foundation Limited

(AG2025/299)

THE LAND’S EDGE FOUNDATION (TLEF) ENTERPRISE AGREEMENT 2024

Industries not otherwise assigned
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 MARCH 2025

Application for approval of The Land’s Edge Foundation (TLEF) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as The Land’s Edge Foundation (TLEF) Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 March 2025. The nominal expiry date of the Agreement is 19 March 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Land’s Edge Foundation Limited (TLEF) sought approval of its Enterprise Agreement 2024. The applicant, represented by legal counsel, argued that the agreement was fair and reasonable for the employees it covered. The Fair Work Commission (FWC) was the tribunal before which the application was made.

The Commission was required to determine whether the agreement complied with the provisions of the Fair Work Act 2009. Specifically, it needed to assess whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in good faith and without coercion. The Commission also had to consider whether the agreement met the requirements of the modern awards applicable to the employees.

In assessing the agreement, the Commission considered the submissions from TLEF and the employees, as well as the evidence presented. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it had been made in good faith and without coercion. The Commission also found that the agreement met the requirements of the relevant modern awards. The Commission approved the agreement, subject to minor modifications to address technical errors.

The final orders of the Commission were that the Enterprise Agreement 2024 be approved, with the modifications specified in the decision. The decision was made under section 232 of the Fair Work Act 2009, and the parties were directed to take all necessary steps to give effect to the approved agreement.

The Land's Edge Foundation Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established