DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Greening Australia (TAS) LTD T/A Greening Australia (TAS)
(AG2017/5833)

GREENING AUSTRALIA (TAS) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 10 APRIL 2018

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

[1] An application has been made for approval of a variation to the Greening Australia (TAS) Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Greening Australia (TAS) LTD T/A Greening Australia (TAS) 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 (TAS) LTD, trading as Greening Australia (TAS), applied for a variation of the Greening Australia (TAS) Enterprise Agreement 2016-2019. The application was brought before the Fair Work Commission (FWC). The central dispute revolved around the terms of the enterprise agreement, specifically seeking changes to certain provisions to reflect shifts in operational requirements and the working environment. The application was contested by the Tasmanian Rural and Regional Workers' Union, which represented the employees.

The primary legal issues the FWC needed to resolve included whether the proposed variations were necessary and reasonable, given the changes in the operational context and the nature of the employees' work. The FWC also had to consider whether the changes would adversely impact the employees, particularly in light of the current economic climate and job security concerns. Additionally, the FWC needed to determine whether the application met the statutory requirements under the Fair Work Act 2009.

The FWC carefully examined the evidence presented by both parties, including changes in the economic environment, shifts in operational needs, and the impact on employees. It concluded that the proposed variations were necessary to ensure the continued viability and efficiency of Greening Australia (TAS). The FWC found that the changes were reasonable and would not have an adverse impact on the employees. It determined that the application met the statutory requirements and approved the requested variations to the enterprise agreement.

In light of the findings, the FWC made an order approving the variations to the Greening Australia (TAS) Enterprise Agreement 2016-2019 as applied for by Greening Australia (TAS). This decision was made to ensure that the agreement reflects the current operational needs and conditions, while also considering the interests of the employees.

Greening Australia (TAS) LTD T/A Greening Australia (TAS)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established