DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greening Australia LTD T/A Greening Australia LTD
(AG2020/956)

GREENING AUSTRALIA LTD ENTERPRISE AGREEMENT 2020 - 2022

Gardening services
COMMISSIONER WILSON	MELBOURNE, 1 MAY 2020

Application for approval of the Greening Australia LTD Enterprise Agreement 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Greening Australia LTD Enterprise Agreement 2020 - 2022 (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 T/A Greening Australia LTD. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 8 May 2020. The nominal expiry date of the Agreement is 29 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Greening Australia LTD trading as Greening Australia LTD, the Fair Work Commission (FWC) was tasked with approving an enterprise agreement proposed for the period 2020 to 2022. The application for approval was made by the employer, Greening Australia LTD, under the Fair Work Act 2009. The primary nature of the dispute revolved around whether the proposed agreement met the necessary criteria for approval under the Act, including the requirement for it to provide for fair and reasonable terms and conditions of employment.

The legal issues the FWC needed to address included whether the agreement provided for fair and reasonable terms and conditions for employees, whether it complied with the relevant provisions of the Fair Work Act, and if it adhered to the principles of procedural fairness. Additionally, the FWC needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees, particularly in light of any potential impact on the workforce.

Upon examining the proposed agreement, the FWC determined that it met the statutory requirements for approval. The Commission found that the terms and conditions outlined in the agreement were fair and reasonable, taking into account the broader context of the industry and the specific circumstances of the employees. The FWC also noted that the agreement complied with the procedural fairness principles, as both parties had been adequately consulted and informed throughout the negotiation process. Consequently, the FWC approved the Greening Australia LTD Enterprise Agreement 2020-2022. The Commission's decision underscores the importance of achieving a balanced agreement that appropriately addresses the needs and rights of both employers and employees.

Greening Australia LTD T/A 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