DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Greening Australia (SA) Ltd T/A Greening Australia (SA)
(AG2017/5832)

GREENING AUSTRALIA (SA) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 10 APRIL 2018

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

[1] An application has been made for approval of a variation to the Greening Australia (SA) Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Greening Australia (SA) Ltd T/A Greening Australia (SA) 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 (SA) Limited, trading as Greening Australia (SA), applied to the Fair Work Commission for a variation of the Greening Australia (SA) Enterprise Agreement 2016 - 2019. The applicant sought to alter several aspects of the agreement, including changes to employee entitlements, leave provisions, and remuneration rates. The application was opposed by the Australian Services Union (ASU), the registered bargaining representative of the employees.

The central legal issues before the Commission involved whether the proposed changes to the enterprise agreement were in accordance with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the proposed changes were procedurally fair, whether they complied with the good faith bargaining obligations, and whether they met the standards of procedural fairness. Additionally, the Commission needed to assess if the changes would be in the best interest of the employees and the organisation.

After reviewing the submissions from both parties and considering the evidence presented, the Fair Work Commission found that the application met the procedural fairness standards and complied with the good faith bargaining obligations. The Commission also concluded that the proposed changes were in the best interest of both the employees and the organisation. Consequently, the Commission approved the variation of the Greening Australia (SA) Enterprise Agreement 2016 - 2019, incorporating the changes sought by Greening Australia (SA) Limited.

As a result of the decision, the Fair Work Commission issued orders to reflect the approved changes to the enterprise agreement. These orders included modifications to employee entitlements, leave provisions, and remuneration rates as proposed by Greening Australia (SA) Limited. The Australian Services Union's objections were overruled, and the new agreement came into effect on the specified date, replacing the previous terms and conditions outlined in the 2016 - 2019 agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established