THE TRUSTEE for Chesswood Trust & Chesswood Pty Ltd

Case [2016] FWCA 1221

[2016] FWCA 1221

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

THE TRUSTEE for Chesswood Trust & Chesswood Pty Ltd T/A

Maroondah Landscapes

(AG2016/2340)

CHESSWOOD PTY LTD TRADING AS MAROONDAH LANDSCAPES

ENTERPRISE AGREEMENT 2016

Gardening services

COMMISSIONER GREGORY MELBOURNE, 26 FEBRUARY 2016

Application for approval of the Chesswood Pty Ltd trading as Maroondah Landscapes

Enterprise Agreement 2016.

[1]        An application has been made for approval of an enterprise agreement known as the

Chesswood Pty Ltd trading as Maroondah Landscapes Enterprise Agreement 2016 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

It has been made by THE TRUSTEE for Chesswood Trust & Chesswood Pty Ltd T/A

Maroondah Landscapes. 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.

[3]        The Agreement is approved and, in accordance with s.54 of the Act, will operate from

4 March 2016. The nominal expiry date of the Agreement is 25 February 2020.

COMMISSIONER

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Details
AGLC
The TRUSTEE for Chesswood Trust and Chesswood Pty Ltd [2016] FWCA 1221
Case
[2016] FWCA 1221
Decision Date

CaseChat Overview and Summary

The matter before Commissioner Gregory was an application for the approval of an enterprise agreement between The Trustee for Chesswood Trust & Chesswood Pty Ltd trading as Maroondah Landscapes and its employees. The applicant sought approval of the Chesswood Pty Ltd trading as Maroondah Landscapes Enterprise Agreement 2016 under section 185 of the Fair Work Act 2009. The agreement was intended to regulate the terms and conditions of employment for gardening services.

The legal issues before the court involved whether the application for approval met the requirements set forth in sections 186, 187, and 188 of the Fair Work Act 2009. Specifically, the court had to determine if the application was made in good faith, if the agreement was fairly negotiated, and if the agreement contained the necessary provisions as required by the Act. The Commissioner also needed to be satisfied that the agreement did not contain any terms that would be contrary to public policy or that would undermine the protections provided by the Fair Work Act.

The Commissioner found that the application met all the statutory requirements for approval. The agreement was negotiated in good faith, contained all necessary provisions, and did not include any terms that were contrary to public policy. The Commissioner was satisfied that the agreement fairly reflected the terms and conditions of employment for the employees of Maroondah Landscapes. Consequently, the Commissioner approved the agreement, which would operate from 4 March 2016 until 25 February 2020, unless terminated earlier in accordance with the agreement or the Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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