DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greening Australia (NSW)
(AG2015/7800)

GREENING AUSTRALIA (NSW) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Greening Australia (NSW) 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 (NSW). 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 Fair Work Commission, the applicant, Greening Australia (NSW), sought approval of an Enterprise Agreement (EA) that it had negotiated with the Australian Workers Union. The applicant is a non-profit environmental organisation that engages in tree planting and land rehabilitation projects. The dispute centred on the terms and conditions of employment for employees covered by the EA. The Commission was required to determine whether the EA met the requirements of the Fair Work Act 2009 (Cth) and to approve the EA if it did.

The legal issues before the Commission included whether the EA contained terms that were contrary to public policy, whether it provided for genuine bargaining, and whether it contained adequate dispute resolution provisions. The Commission also needed to consider whether the EA complied with the "better off overall test" under the Fair Work Act, meaning that employees would be no worse off financially if the EA was applied to them compared to their existing awards or agreements. The Commission further had to assess whether the EA contained any terms that were contrary to the provisions of the Act.

The Commission found that the EA did not contain any terms that were contrary to public policy or that failed to provide for genuine bargaining. The EA contained adequate dispute resolution provisions and complied with the better off overall test. The Commission concluded that the EA provided for a fair and reasonable outcome for employees and approved the EA. The applicant's application was thus successful.

The Fair Work Commission approved the Greening Australia (NSW) Enterprise Agreement 2016 - 2019, effective from 1 July 2016. The Commission found that the EA met all the legal requirements and provided for a fair and reasonable outcome for employees.

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