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

Annexure A

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Trustee for The Normark Gardening Unit Trust T/A Normark Landscapes Pty Ltd sought approval of the Normark Landscapes Pty Ltd - Maintenance Division-and AWU Enterprise Agreement 2018. This case involved the negotiation and subsequent approval of an enterprise agreement between Normark Landscapes Pty Ltd, an employer, and the Australian Workers' Union (AWU), representing the employees. The application was brought forth to ensure that the terms of the agreement were in compliance with the Fair Work Act 2009 and to secure the formal endorsement of the agreement by the Commission.

The primary legal issue before the court was whether the terms of the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for the employees' pay and conditions, included mandatory provisions, and was free from any unfair or discriminatory content. The court also had to determine whether the agreement had been genuinely negotiated between the parties and whether it had been appropriately presented to the employees for their consideration and approval.

In reaching its decision, the court carefully examined the terms of the Normark Landscapes Pty Ltd - Maintenance Division-and AWU Enterprise Agreement 2018. The Commission found that the agreement contained all the mandatory provisions required by the Fair Work Act 2009, including provisions for wages, hours of work, and other terms and conditions of employment. The court also determined that the agreement had been genuinely negotiated and that it did not contain any unfair or discriminatory terms. Furthermore, the court confirmed that the agreement had been properly presented to the employees for their consideration. Based on these findings, the court approved the agreement, ensuring that it would be binding on the parties and enforceable in accordance with the Fair Work Act 2009.

The final orders of the court approved the Normark Landscapes Pty Ltd - Maintenance Division-and AWU Enterprise Agreement 2018, confirming its validity and enforceability. The Commission's approval ensured that the agreement would govern the employment terms and conditions for the employees of Normark Landscapes Pty Ltd, Maintenance Division, and that it would remain in effect until superseded by a new agreement or terminated in accordance with the Fair Work Act 2009.

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