DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greening Australia (NT) LTD
(AG2015/7787)

GREENING AUSTRALIA (NT) LTD ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Greening Australia (NT) LTD 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 (NT) LTD. 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Greening Australia (NT) LTD, an organisation dedicated to environmental conservation, was a party to an enterprise agreement with its employees. The dispute centred around the approval of the Greening Australia (NT) LTD Enterprise Agreement 2016-2019, which was being challenged. The matter was brought before the Fair Work Commission (FWC) to determine whether the agreement should be certified as meeting the criteria for approval under the Fair Work Act 2009. The central legal issues before the FWC were whether the agreement provided for the mandatory minimum terms, satisfied the good faith bargaining requirement, and was made in accordance with the relevant provisions of the Act. Additionally, the FWC had to consider if the agreement complied with the criteria set out in the Fair Work Regulations 2009, particularly regarding the procedural fairness and the representation of the parties involved.

The FWC undertook a thorough examination of the evidence presented by both parties. The Commission noted that the agreement was the result of good faith bargaining between the employer and the employees' representative. The FWC found that the agreement provided for all the mandatory minimum terms and did not contain any provisions that were contrary to public policy. The Commission also concluded that the process leading to the agreement's formation was fair and that the employees' representative had adequately represented the interests of the employees. Consequently, the FWC determined that the agreement met all the statutory requirements and was eligible for approval. The FWC certified the Greening Australia (NT) LTD Enterprise Agreement 2016-2019, and the decision was final and binding on all parties involved.

Greening Australia (NT) LTD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established