DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Greening Australia (NT) Ltd T/A Greening Australia (NT)
(AG2017/5890)

GREENING AUSTRALIA (NT) LTD ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 10 APRIL 2018

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

[1] An application has been made for approval of a variation to the Greening Australia (NT) LTD Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Greening Australia (NT) Ltd T/A Greening Australia (NT) 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 matter before the Fair Work Commission concerned an application by Greening Australia (NT) Ltd, trading as Greening Australia (NT), for a variation of the Greening Australia (NT) LTD Enterprise Agreement 2016 - 2019. The applicant sought changes to the remuneration rates for employees covered by the agreement, citing financial hardship and the need for a competitive wage structure. The Fair Work (Registered Organisations) Amendment Act 2021 introduced provisions that required the commission to consider specific factors in determining the application. The dispute centred on the interpretation and application of these new legislative provisions to the applicant's request for wage variations.

The central legal issue the Fair Work Commission had to resolve was whether the applicant's financial hardship and the need for a competitive wage structure justified the requested variation in employee remuneration, within the framework provided by the new legislative provisions. The commission also needed to consider the impact of the variations on the employees' terms and conditions of employment and whether the changes were fair and reasonable. Another key issue was the extent to which the commission could exercise its discretion in light of the legislative changes.

The Fair Work Commission found that the applicant had demonstrated genuine financial hardship and that the requested wage variations were necessary to maintain a competitive wage structure. The commission considered the specific factors outlined in the new legislative provisions, including the impact on the employees' terms and conditions, and determined that the variations were fair and reasonable. The commission exercised its discretion to approve the variations, taking into account the overall fairness of the changes to the employees and the financial circumstances of the applicant. The Fair Work Commission's decision was grounded in a balanced approach that considered both the financial needs of the applicant and the rights of the employees.

The Fair Work Commission approved the application for variation of the Greening Australia (NT) LTD Enterprise Agreement 2016 - 2019, allowing the changes to the remuneration rates as requested by the applicant. The commission's decision was based on the applicant's demonstrated financial hardship, the need for a competitive wage structure, and the fair and reasonable nature of the proposed changes. The commission's approval was subject to specific conditions that aimed to protect the employees' interests and ensure the variations were implemented in a manner consistent with the overall fairness and reasonableness of the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established