DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Australian Land Authority T/A LandCorp
(AG2015/5933)

LANDCORP ENTERPRISE AGREEMENT 2015

State and Territory government administration
DEPUTY PRESIDENT KOVACIC	CANBERRA, 23 NOVEMBER 2015

Application for approval of the LandCorp Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the LandCorp Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Australian Land Authority T/A LandCorp. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Western Australian Land Authority T/A LandCorp. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Community and Public Sector Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2015. The nominal expiry date of the Agreement is 23 November 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Western Australian Land Authority trading as LandCorp, sought approval of the LandCorp Enterprise Agreement 2015 from the Fair Work Commission. The agreement, negotiated between the applicant and the union representing certain employees, was subject to the approval of the Commission. The dispute centred around the terms and conditions of employment for the employees covered by the agreement.

The primary legal issue before the Commission was whether the proposed terms of the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the Fair Work (Registered Organisations) Act 2009, and the Fair Work (Transitional Provisions) Act 2009. The Commission had to determine if the agreement provided for the fair and equitable treatment of employees, and if it complied with the procedural requirements for the approval of such agreements.

The Commission found that the agreement met the necessary criteria for approval. The terms of the agreement were fair and equitable, providing for reasonable wages and conditions of employment. The Commission also determined that the procedural requirements for the approval of the agreement had been met, including the proper negotiation process and the provision of necessary information to the employees. Consequently, the Commission approved the LandCorp Enterprise Agreement 2015.

The Fair Work Commission approved the LandCorp Enterprise Agreement 2015, finding it to be fair and equitable and in compliance with the relevant legislative requirements.

Western Australian Land Authority T/A LandCorp

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established