DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GFM Personnel Pty Ltd T/A GFM Global Foliage Managers
(AG2015/2782)

GFM PERSONNEL PTY LTD ENTERPRISE BARGAINING AGREEMENT 2014

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 21 SEPTEMBER 2015

Application for approval of the GMF Personnel Pty Ltd Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the GMF Personnel Pty Ltd Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GFM Personnel Pty Ltd T/A GFM Global Foliage Managers. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2015. The nominal expiry date of the Agreement is 29 April 2019.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, GFM Personnel Pty Ltd, trading as GFM Global Foliage Managers, sought approval of the Enterprise Bargaining Agreement 2014. The applicant sought to have the agreement registered under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees who were covered by the proposed agreement.

The key legal issues that the Commission was required to determine were whether the agreement was a genuine enterprise agreement, whether it met the "better off overall test", and whether it contained all the mandated terms and conditions. Additionally, the Commission had to consider whether the agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations.

The Commission found that the agreement was a genuine enterprise agreement as it was made in good faith and had been negotiated between the employer and the relevant union. The agreement met the better off overall test as it provided employees with a package of benefits that was, on balance, more favourable than the existing award. The Commission also found that the agreement contained all the mandated terms and conditions. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission ordered that the Enterprise Bargaining Agreement 2014 be registered under the Fair Work Act 2009. The registration was effective from the date of the Commission's decision. The employees covered by the agreement were entitled to the terms and conditions set out in the agreement, and the employer was required to comply with the agreement. The agreement would remain in force until it was varied or terminated in accordance with the Fair Work Act.

GFM Personnel Pty Ltd T/A GFM Global Foliage Managers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established