DECISION

Fair Work Act 2009
s.185—Enterprise agreement

We Blow Landscaping Pty Ltd
(AG2017/2127)

WE BLOW LANDSCAPING COLLECTIVE AGREEMENT 2017-2021

Gardening services
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2017

Application for approval of the We Blow Landscaping Collective Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the We Blow Landscaping Collective Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by We Blow Landscaping PTY LTD. The Agreement is a single enterprise agreement.

[2] The Applicant 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2017. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, We Blow Landscaping Pty Ltd, sought approval of a collective agreement for its employees. The dispute was heard in the Fair Work Commission. The central issue before the Commission was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009, specifically regarding procedural fairness in the bargaining process and the terms and conditions set out in the agreement.

The Commission examined the process by which the agreement was negotiated, considering whether it adhered to the procedural requirements under the Act. The Commission also assessed the fairness of the terms and conditions within the agreement, focusing on whether they met the 'better off overall' test. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The applicant argued that the agreement was fairly negotiated and provided benefits to the employees.

The Commission found that the bargaining process was generally procedurally fair, with evidence of good faith negotiations and adequate representation of the employees. The terms and conditions were also deemed to be fair, as they provided certain benefits to the employees without making them worse off overall. Consequently, the Commission approved the collective agreement, highlighting the importance of fair work practices and the protection of employees' rights.

The Fair Work Commission approved the We Blow Landscaping Collective Agreement 2017-2021, effective from the date of the decision. The Commission's approval was based on its finding that the agreement was negotiated in good faith and that the terms and conditions were fair and met the 'better off overall' test. This decision reinforces the importance of adhering to the legal framework for collective bargaining and protecting employees' rights in the workplace.

We Blow Landscaping 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