DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Greening Australia (Capital Region) Ltd T/A Greening Australia Capital Region
(AG2017/5828)

GREENING AUSTRALIA (CAPITAL REGION) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 10 APRIL 2018

Application for variation of the Greening Australia (Capital Region) Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of a variation to the Greening Australia (Capital Region) Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Greening Australia (Capital Region) Ltd T/A Greening Australia Capital Region pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 10 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Greening Australia (Capital Region) Limited, trading as Greening Australia Capital Region, sought to have the Greening Australia (Capital Region) Enterprise Agreement 2016-2019 varied by the Fair Work Commission. The application was opposed by the Australian Services Union, the union representing the employees. The case was heard by Deputy President McWilliam of the Fair Work Commission. The central legal issue before the commission was whether the application met the criteria for a variation under section 171 of the Fair Work Act 2009. Specifically, the commission had to determine if the application satisfied the requirements of subsections 171(3) and (4) of the Act, which pertain to ensuring that the employees are not worse off and that there are genuine reasons for the variation.

The commission noted that the application was made in good faith and that the changes proposed were necessary to reflect the current economic climate and to maintain the organisation's financial viability. The commission found that the proposed changes were consistent with the principles of the enterprise agreement and did not undermine its overall purpose. Furthermore, the commission was satisfied that the employees would not be disadvantaged by the changes, as they were offered equivalent or better terms and conditions in the revised agreement. The application met the criteria under section 171 of the Fair Work Act, leading the commission to grant the variation sought by Greening Australia (Capital Region) Limited. The new enterprise agreement was subsequently approved and will govern the terms and conditions of employment for the employees represented by the Australian Services Union until the end of the agreement period.

Greening Australia (Capital Region) Ltd T/A Greening Australia Capital Region

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established