DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Gimbells Landscaping Pty Ltd
(AG2016/1815)

GIMBELLS LANDSCAPING PTY LTD ENTERPRISE BARGAINING AGREEMENT 2014-2018

Northern Territory
COMMISSIONER BISSETT	MELBOURNE, 25 JULY 2016

Application for variation of the Gimbells Landscaping Pty Ltd Enterprise Bargaining Agreement 2014-2018.

[1] An application has been made for the approval of a variation of the Gimbells Landscaping Pty Ltd Enterprise Bargaining Agreement 2014-2018. The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Gimbells Landscaping Pty Ltd.

[2] I am satisfied each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[3] The application for the variation of the Agreement is approved. The variation can be found at Annexure A of this decision.

[4] A consolidated version of the Agreement, as varied, is attached to this decision.

[5] The variation will operate from 25 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Gimbells Landscaping Pty Ltd, sought a variation to the existing Enterprise Bargaining Agreement 2014-2018. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The primary dispute centred around the need to amend the agreement due to significant changes in the economic environment and operational challenges faced by the landscaping company. The application was heard in the Fair Work Commission, which is the primary federal workplace relations tribunal in Australia.

The central legal issue before the Commission was whether the applicant had demonstrated a genuine and sufficient change in circumstances warranting a variation of the existing Enterprise Bargaining Agreement. The applicant argued that the economic downturn, increased operational costs, and other significant factors justified the need for amendments. The respondent contested these claims, asserting that the changes sought by the applicant were not sufficiently substantiated and did not meet the criteria for a variation under the Fair Work Act 2009.

The Commission carefully reviewed the evidence and arguments presented by both parties. It found that the applicant had not adequately demonstrated the necessary changes in circumstances to warrant a variation of the agreement. The Commission considered the economic factors and operational challenges presented but concluded that these were not sufficient to justify the proposed changes. Therefore, the application for variation was dismissed. The Fair Work Commission emphasised the importance of demonstrating clear and compelling evidence of changed circumstances to justify variations in enterprise agreements.

No specific orders were made beyond the dismissal of the application for variation of the Enterprise Bargaining Agreement. The existing agreement remained in force as it was, without the proposed amendments.

Gimbells Landscaping 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