DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greening Australia LTD
(AG2015/7785)

GREENING AUSTRALIA LTD ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2015

Application for approval of the Greening Australia LTD Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Greening Australia LTD 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 LTD. 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Greening Australia LTD, the applicant sought approval of the Greening Australia LTD Enterprise Agreement 2016-2019. The applicant, being an employer, argued that the proposed agreement should be approved as it contained provisions that were necessary and appropriate for the effective operation of the business. The Fair Work Commission (FWC) was the tribunal tasked with deciding whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the FWC was whether the provisions of the enterprise agreement were consistent with the "better off overall test" (BOOT) under section 230 of the Fair Work Act. This test required the FWC to determine if employees were no worse off and at least as well off financially, and in terms of other conditions, under the proposed agreement compared to their existing conditions. The FWC also needed to consider whether the agreement contained provisions that were necessary and appropriate for the effective operation of the business.

The FWC determined that the proposed agreement did indeed meet the BOOT and contained provisions that were necessary and appropriate for the effective operation of the business. The FWC found that the agreement provided for fair and reasonable terms and conditions that were consistent with the objectives of the Fair Work Act. The FWC concluded that the agreement was likely to promote harmonious, productive, and cooperative workplace relations, and that it was in the best interests of the employees and the business overall. Accordingly, the FWC approved the Greening Australia LTD Enterprise Agreement 2016-2019.

Greening Australia LTD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established