DECISION

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

Greening Australia (NSW) Ltd T/A Greening Australia NSW
(AG2017/5829)

GREENING AUSTRALIA (NSW) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 10 APRIL 2018

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

[1] An application has been made for approval of a variation to the Greening Australia (NSW) Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Greening Australia (NSW) Ltd T/A Greening Australia NSW 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

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CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved Greening Australia (NSW) Ltd T/A Greening Australia NSW, which sought to vary the terms of the Greening Australia (NSW) Enterprise Agreement 2016 - 2019. The applicants argued that the existing agreement needed modification to reflect changes in the operational environment, including the need to address issues such as wage rates, work conditions, and the introduction of new roles within the organisation. The FWC was tasked with determining whether the proposed changes were appropriate and justified under the Fair Work Act 2009.

The legal issues before the FWC revolved around the validity and fairness of the proposed changes to the enterprise agreement. Specifically, the FWC needed to assess whether the changes were in line with the objectives of the Fair Work Act, which aims to promote higher wages and better conditions, and whether they were necessary to address legitimate business needs. The FWC also had to consider the views and interests of the employees affected by the changes, ensuring that the proposed variations did not unfairly disadvantage them.

The FWC found that the proposed changes to the enterprise agreement were justified and appropriate. The commission acknowledged the significant changes in the operational environment that necessitated the updates to the agreement. It was noted that the changes were aimed at ensuring the organisation could effectively respond to new challenges and maintain its operational efficiency. The FWC also considered the views of the employees, concluding that the proposed changes were reasonable and did not unfairly prejudice the employees' rights and conditions. Consequently, the FWC approved the variations to the enterprise agreement.

The final orders of the FWC included the approval of the proposed changes to the Greening Australia (NSW) Enterprise Agreement 2016 - 2019, effective from the date of the decision. The variations encompassed adjustments to wage rates, work conditions, and the introduction of new roles within the organisation, as proposed by Greening Australia (NSW) Ltd T/A Greening Australia NSW. The FWC's decision was based on the conclusion that the changes were necessary, reasonable, and in line with the objectives of the Fair Work Act.

Greening Australia (NSW) Ltd T/A Greening Australia NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established