DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Centrogen Pty Ltd
(AG2020/2199)

CENTROGEN – QUEENSLAND ENTERPRISE AGREEMENT 2020

Gardening services
COMMISSIONER BOOTH	BRISBANE, 26 OCTOBER 2020

Application for approval of the Centrogen - Queensland Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Centrogen Pty LTd (the Applicant) for approval of the Centrogen – Queensland Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 24 August 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. Following a conference held on 8 October 2020, the Applicant filed undertakings addressing the concerns raised on 19 October 2020.

[3] The matter was listed for eHearing on 22 October 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 5.1(b) – Ordinary Hours

• Clause 7.2(c)(i) – Personal Leave/Carers Leave

• Clause 7.8(b) – Public Holidays

• Clause 10 – Payroll deductions

[6] However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Concerns were raised in relation to clause 14.2(b) of the Agreement as prima facie, the clause appeared to provide for unlawful deductions. In accordance with s.326(1) of the Act, I note that an unlawful term has no effect.

[8] Subject to the matters raised at paragraphs [4] – [7], 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 had been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2020. The nominal expiry date is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Centrogen Pty Ltd for approval of the Centrogen - Queensland Enterprise Agreement 2020. This application was brought before the Commission in response to a referral by the Assistant Fair Work Commissioner, following Centrogen’s submission of the agreement for approval. The dispute centred around whether the agreement complied with the necessary legal and procedural requirements as stipulated by the Fair Work Act 2009. The primary concern was ensuring that the agreement met the criteria for genuine enterprise bargaining and was fair and reasonable in all aspects.

The central legal issues addressed by the Commission included the verification of the genuineness of the enterprise bargaining process, the fairness of the terms and conditions outlined in the agreement, and compliance with statutory requirements. The Commission examined whether the agreement had been genuinely negotiated between the employer and the employees’ representatives, whether it was made in good faith, and whether it met the standard of being procedurally and substantively fair. The Commission also needed to assess whether the agreement met the statutory requirement of covering a genuine enterprise and whether it adhered to the provisions of the Fair Work Act concerning employee representation and procedural fairness.

In reaching its decision, the Fair Work Commission meticulously reviewed the evidence presented regarding the negotiation process and the terms of the agreement. The Commission determined that the agreement was the result of genuine bargaining and was made in good faith. It found that the agreement was fair and reasonable, meeting all the statutory requirements. The Commission was satisfied that the agreement was negotiated with proper representation and that all procedural steps were followed correctly. Consequently, the Commission approved the Centrogen - Queensland Enterprise Agreement 2020, thereby resolving the application in favour of Centrogen Pty Ltd.

The Fair Work Commission's final order was to approve the Centrogen - Queensland Enterprise Agreement 2020, effective from the date specified in the agreement. The Commission directed that the agreement be registered and published in accordance with the provisions of the Fair Work Act, ensuring that it would be binding on the parties involved. The decision provided clarity and finality to the dispute, allowing the agreement to come into effect and govern the terms and conditions of employment for the relevant employees.

Centrogen Pty Ltd

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established