The Trustee for The Normark Gardening Unit Trust T/A Normark Landscapes Pty Ltd

[2019] FWCA 3631

[2019] FWCA 3631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for The Normark Gardening Unit Trust T/A Normark Landscapes Pty Ltd
(AG2019/621)

NORMARK LANDSCAPES PTY LTD - MAINTENANCE DIVISION-AND AWU ENTERPRISE AGREEMENT 2018

Gardening services
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 MAY 2019

Application for approval of the Normark Landscapes Pty Ltd - Maintenance Division-and AWU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Normark Landscapes Pty Ltd - Maintenance Division-and AWU Enterprise Agreement 2018 (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 The Normark Gardening Unit Trust T/A Normark Landscapes 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.

[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] The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503618  PR708699>

Annexure A