DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Greening Australia (QLD)
(AG2017/5831)

GREENING AUSTRALIA (QLD) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 10 APRIL 2018

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

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Greening Australia (QLD) is the applicant in a recent application before the Fair Work Commission (FWC) seeking a variation to the Greening Australia (QLD) Enterprise Agreement 2016 - 2019. The dispute centres around the proposed amendments to the agreement, which the applicant argues are necessary to address changes in the operational and economic environment. The respondents to the application are the Australian Services Union and the Australian Workers Union, who represent the employees covered by the enterprise agreement.

The legal issues before the FWC involved determining whether the proposed changes were consistent with the objectives of the Fair Work Act 2009 and whether they provided for fair and reasonable terms. Specifically, the FWC needed to consider the nature of the changes, the bargaining positions of the parties, and the impact of the proposed changes on the employees. Additionally, the FWC had to ensure that the changes did not undermine the purpose of the enterprise agreement as a means of facilitating the productivity of the workplace.

In delivering its decision, the FWC thoroughly examined the evidence presented by both parties and the broader economic context. The FWC found that the proposed changes were reasonable and necessary, considering the significant shifts in the operational environment and economic conditions. The FWC also noted the commitment of the parties to the bargaining process and the efforts made to reach a mutually acceptable agreement. Consequently, the FWC approved the variation of the enterprise agreement as sought by the applicant, finding that it met the statutory requirements and provided fair and reasonable terms for the employees.

The final orders of the FWC confirm the variation of the Greening Australia (QLD) Enterprise Agreement 2016 - 2019, effective from the date specified in the application. The FWC's decision highlights the importance of adaptability in enterprise agreements to respond effectively to changing economic and operational conditions.

Greening Australia (QLD)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established