DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Evergreen Contractors Pty Ltd T/A Evergreen Contractors
(AG2015/5558)

EVERGREEN CONTRACTORS ENTERPRISE AGREEMENT 2015-2018

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 11 NOVEMBER 2015

Application for approval of the Evergreen Contractors Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of a single-enterprise agreement known as the Evergreen Contractors Enterprise Agreement 2015 - 2018 (the Agreement) made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Evergreen Contractors.

[2] 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] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Evergreen Contractors Pty Ltd, trading as Evergreen Contractors, applied to the Fair Work Commission for approval of the Evergreen Contractors Enterprise Agreement 2015 - 2018. The Fair Work Commission was required to consider whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it was appropriate to make an order approving the agreement.

The court considered whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees to approve the agreement. The court also considered the provisions of the agreement and whether they were reasonable and fair. The court found that the agreement complied with the requirements of the Fair Work Act and that it was in the best interests of the employees to approve the agreement. The court considered the provisions of the agreement and found them to be reasonable and fair.

The Fair Work Commission approved the Evergreen Contractors Enterprise Agreement 2015 - 2018. The court found that the agreement was fair and reasonable and that it was in the best interests of the employees to approve the agreement. The court found that the agreement complied with the requirements of the Fair Work Act and that it was appropriate to make an order approving the agreement.

Evergreen Contractors Pty Ltd T/A Evergreen Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established