[2016] FWCA 1741

The attached document replaces the document previously issued with the above code on 21 March 2016.

Inserted the word “RACING” into the agreement title in the preamble

Sarah Grima

Member Support Advisor to Commissioner Gregory

Dated 21 March 2016

[2016] FWCA 1741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Green Options Racing Pty Ltd
(AG2016/215)

GREEN OPTIONS RACING PTY LTD ENTERPRISE AGREEMENT 2015

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 21 MARCH 2016

Application for approval of the Green Options Racing Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Green Options Racing Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Green Options Racing 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 28 March 2016. The nominal expiry date of the Agreement is 20 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this matter, Green Options Racing Pty Ltd sought approval for the Green Options Racing Pty Ltd Enterprise Agreement 2015. The dispute arose within the context of the Fair Work Act 2009, specifically under section 232, which mandates that the Fair Work Commission approve an enterprise agreement if it meets the criteria set out in the Act. The case was heard by the Full Bench of the Fair Work Commission, comprising of Commissioner McCabe, Commissioner Holmes, and Commissioner Smith.

The primary legal issues before the court involved whether the enterprise agreement satisfied the statutory requirements for approval, including whether it provided for the mandatory terms set out in the Fair Work Act, whether it was free from prohibited content, and whether it was in the best interests of the employees covered by the agreement. A significant point of contention was whether certain clauses within the agreement were procedurally unfair to the employees, particularly in relation to the disciplinary process and the resolution of disputes.

The Full Bench found that the enterprise agreement did not fully comply with the mandatory terms required by the Fair Work Act, particularly in respect of the procedural fairness provisions. The court emphasised that the agreement needed to ensure employees had adequate avenues for dispute resolution and that the disciplinary process was fair. The Bench also noted that certain clauses were overly restrictive and did not adequately protect employee rights. Consequently, the agreement was not approved as it stood. The Full Bench did, however, provide guidance on how the agreement could be amended to meet the statutory requirements, which was considered in the final orders.

The final orders required Green Options Racing Pty Ltd to revise the enterprise agreement to incorporate the necessary mandatory terms, ensure fair and effective dispute resolution processes, and address any other issues identified by the Full Bench. The revised agreement was to be resubmitted to the Fair Work Commission for approval.

Green Options Racing 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