DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greening Australia (Capital Region)
(AG2015/7788)

GREENING AUSTRALIA (CAPITAL REGION) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Greening Australia (Capital Region) Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greening Australia (Capital Region). The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2015. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of Greening Australia (Capital Region), the Fair Work Commission was tasked with considering the application for the approval of the Greening Australia (Capital Region) Enterprise Agreement 2016-2019. The dispute arose between the applicant, Greening Australia (Capital Region) Inc., and the relevant unions, with the Fair Work Commission determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The agreement in question aimed to establish terms and conditions of employment for employees within the specified enterprise.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements set forth in the Fair Work Act, and whether the terms of the agreement were fair and reasonable. This included assessing whether the agreement provided for adequate bargaining, and whether it contained the required minimum terms as stipulated in the Act. Furthermore, the Commission had to consider whether the agreement unfairly disadvantaged any particular employee or group of employees.

The Fair Work Commission concluded that the agreement was procedurally sound, having been developed through genuine and meaningful bargaining. The Commission found that the agreement met all necessary requirements under the Fair Work Act and contained fair and reasonable terms. The agreement was approved, reflecting the Commission's satisfaction that it provided for the minimum entitlements and did not unfairly disadvantage any employee or group of employees. The decision underscores the importance of ensuring that enterprise agreements are the product of proper bargaining processes and contain equitable terms.

In light of the findings, the Fair Work Commission approved the Greening Australia (Capital Region) Enterprise Agreement 2016-2019, effective from the date of the decision. This approval ensures that the terms of the agreement will govern the employment conditions of the employees within the specified enterprise for the duration of the agreement.

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