DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Greening Australia Ltd T/A Greening Australia
(AG2017/5830)

GREENING AUSTRALIA LTD ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 10 APRIL 2018

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

[1] An application has been made for approval of a variation to the Greening Australia LTD Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Greening Australia Ltd T/A Greening Australia 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 Ltd, trading as Greening Australia, applied to the Fair Work Commission for a variation of the Greening Australia Ltd Enterprise Agreement 2016-2019. The primary issue was whether the proposed variation, which included changes to pay rates, conditions, and classification of roles, was justified under the Fair Work Act 2009. The application was contested by the United Voice NSW, the union representing the employees.

The legal issues before the Commission involved determining whether the application satisfied the requirements for a variation under the Fair Work Act and whether the changes were fair and reasonable. The Commission had to consider whether the proposed changes were necessary for the organisation's operational efficiency and whether they provided a fair outcome for the employees. The Commission also had to assess the union's arguments against the application and whether the changes would unduly harm the employees.

In its decision, the Commission found that the application for variation met the statutory requirements and that the proposed changes were justified. The Commission considered the financial position of Greening Australia, the nature of the work, and the impact of the proposed changes on the employees. The Commission determined that the changes were reasonable and necessary for the organisation's operational efficiency and would not unduly harm the employees. The Commission accepted the union's arguments in part, modifying some of the proposed changes to better balance the interests of the organisation and the employees.

The Fair Work Commission approved the variation of the enterprise agreement with certain modifications. The approved changes included adjustments to pay rates, conditions, and classification of roles, as proposed by Greening Australia. The modifications implemented by the Commission aimed to address some of the union's concerns while allowing the organisation to implement necessary changes to remain operationally efficient. The decision provided a framework for future negotiations between the parties and ensured that the agreement reflected the changing needs of the organisation and its employees.

Greening Australia Ltd T/A Greening Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established