DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greening Australia (QLD)
(AG2015/7784)

GREENING AUSTRALIA (QLD) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2015

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

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

The case of Greening Australia (QLD) involved an application for the approval of the Greening Australia (QLD) Enterprise Agreement 2016-2019. The application was made by Greening Australia (QLD), and the Fair Work Commission was tasked with determining whether the proposed agreement should be approved. The nature of the dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission was required to consider the fairness of the terms and conditions outlined in the agreement, as well as its compliance with the procedural requirements set out in the Act.

The primary legal issues that the Commission had to address were whether the agreement met the requirements of procedural fairness, and whether it was substantively fair. Procedurally, the Commission had to consider whether Greening Australia (QLD) had adequately facilitated genuine bargaining with its employees and whether the agreement was genuinely negotiated. Substantively, the Commission needed to assess whether the terms and conditions of the agreement were fair and reasonable, taking into account various factors such as the nature of the workplace, the industry, and the economic circumstances at the time.

The Commission found that Greening Australia (QLD) had fulfilled its procedural obligations under the Act by engaging in genuine bargaining with its employees. It was determined that the agreement was genuinely negotiated, and the Commission was satisfied with the processes that had been employed. Regarding the substantive fairness of the agreement, the Commission considered various aspects, including the overall pay rates, the treatment of part-time and casual employees, and the inclusion of appropriate provisions for leave and other benefits. After careful consideration of these factors, the Commission concluded that the agreement was fair and reasonable and approved it under section 234 of the Fair Work Act 2009.

In summary, the Fair Work Commission approved the Greening Australia (QLD) Enterprise Agreement 2016-2019, finding that it was the product of genuine bargaining and was substantively fair. The Commission's decision was based on its assessment of the procedural fairness of the agreement and its evaluation of the fairness of the terms and conditions it contained. The approval of the agreement allows Greening Australia (QLD) to implement the agreed-upon terms and conditions for the specified period, subject to the provisions of the Fair Work Act 2009.

Greening Australia (QLD)

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established