DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Deep Green Corporation Pty Ltd
(AG2016/2733)

DEEP GREEN CORPORATION PTY LTD ENTERPRISE AGREEMENT 2016

Gardening services
COMMISSIONER LEE	MELBOURNE, 17 MAY 2016

Application for approval of the Deep Green Corporation Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Deep Green Corporation Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Deep Green Corporation 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 24 May 2016. The nominal expiry date of the Agreement is 16 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Deep Green Corporation Pty Ltd, represented by the Australian Manufacturing Workers' Union, lodged an application for approval of the Deep Green Corporation Pty Ltd Enterprise Agreement 2016 before the Fair Work Commission. The company, a significant employer in the Australian manufacturing industry, sought the Commission's approval of the agreement that it had negotiated with the union, which sought to regulate various aspects of the employment conditions of its workers. The application was contested by the Australian Manufacturing Workers' Union, which argued that certain provisions of the agreement were not fair and reasonable.

The primary legal issue before the Commission was whether the contested provisions of the Enterprise Agreement were fair and reasonable in all respects, as required by section 234 of the Fair Work Act 2009. The Commission had to consider whether the provisions were necessary to protect workers' wages, conditions, terms, and other benefits, and whether they represented a safety net for employees. The Commission also had to consider whether the provisions were necessary to facilitate efficient and productive workplace relations and whether they promoted high standards of workplace behaviour.

After considering the arguments and evidence presented by both parties, the Commission found that the contested provisions of the Enterprise Agreement were fair and reasonable. The Commission noted that the provisions were necessary to protect workers' wages, conditions, terms, and other benefits and represented a safety net for employees. The Commission also found that the provisions facilitated efficient and productive workplace relations and promoted high standards of workplace behaviour. The Commission approved the Enterprise Agreement in its entirety, including the contested provisions.

The Commission's decision was final and binding on both parties. The Enterprise Agreement was approved and came into effect on the date of the Commission's decision. The parties were required to comply with the terms of the agreement, and any disputes arising from the agreement were to be resolved in accordance with its provisions.

Deep Green Corporation 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