DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greening Australia (SA)
(AG2015/7786)

GREENING AUSTRALIA (SA) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2015

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

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

In the Fair Work Commission, Greening Australia (SA) sought approval for the Enterprise Agreement 2016-2019. The application was made under section 233 of the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the criteria for approval, including whether it facilitated improved productivity, sustainability and efficiency, and provided fair and robust outcomes for employees. The Commission needed to determine if the agreement complied with the "better-off overall test" and did not undermine the national minimum safety net.

The Fair Work Commission examined the specifics of the agreement to ensure it provided a fair and robust outcome for employees. The Commission assessed whether the agreement met the requirements of section 233(1)(a) of the Act, which mandates that the agreement must facilitate improved productivity, sustainability, and efficiency, and section 233(1)(b) that ensures it was better off overall for employees compared to the applicable award or safety net. The Commission also considered whether the agreement contained provisions that could undermine the national minimum safety net.

The Fair Work Commission concluded that the Greening Australia (SA) Enterprise Agreement 2016-2019 met the criteria for approval. The Commission found that the agreement facilitated improved productivity, sustainability and efficiency, and provided fair and robust outcomes for employees. The Commission further determined that the agreement did not undermine the national minimum safety net. Consequently, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the Greening Australia (SA) Enterprise Agreement 2016-2019 to be registered. The agreement is now registered and applicable to the employees covered by it.

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