DECISION

Fair Work Act 2009
s.210—Enterprise agreement

We Blow Landscaping Pty Ltd
(AG2019/1035)

WE BLOW LANDSCAPING COLLECTIVE AGREEMENT 2017-2021

Gardening services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 MAY 2019

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

[1] An application has been made for approval of a variation to the We Blow Landscaping Collective Enterprise Agreement 2017-2021 (the Agreement). The application was made by We Blow Landscaping Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 1 August 2017. Those undertakings form part of the Agreement as varied.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.210 and 211 had not been met in relation to the application for approval of the Variation application. The undertakings were accepted and the Agreement was approved on 25 February 2019. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 14 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

We Blow Landscaping Pty Ltd was involved in a legal dispute over an application for variation of the We Blow Landscaping Collective Enterprise Agreement 2017-2021. The application was brought before the Fair Work Commission. The applicant, We Blow Landscaping Pty Ltd, sought to modify certain terms of the agreement, which was entered into with the employees represented by the relevant union. The nature of the dispute centred around the changes proposed to the agreement, which the applicant argued were necessary to maintain the company’s competitiveness and financial viability.

The legal issues before the Commission included whether the proposed changes were consistent with the principles of good faith bargaining, and if they met the threshold for being considered a genuine variation under the Fair Work Act 2009. The Commission needed to consider whether the proposed changes were reasonable and necessary in light of the current economic conditions and the overall impact on the employees. Additionally, the Commission had to assess whether the applicant had genuinely attempted to negotiate with the union representatives before resorting to the Commission for resolution.

The Fair Work Commission found that the applicant had not engaged in genuine negotiations and that the proposed changes did not meet the criteria for being considered a genuine variation. The Commission emphasised the importance of good faith bargaining and concluded that the applicant had not demonstrated that the proposed changes were necessary or reasonable. Consequently, the application for variation was dismissed. The decision underscored the need for employers to engage in meaningful discussions with their employees' representatives before seeking recourse through the Commission.

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