DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greening Australia (TAS)
(AG2015/7807)

GREENING AUSTRALIA (TAS) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2015

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

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

Greening Australia (TAS) was the applicant in an application to the Fair Work Commission for approval of the Greening Australia (TAS) Enterprise Agreement 2016 - 2019. The application was made under section 234 of the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the "better off overall test" under section 233 of the Act. The dispute centred around the terms and conditions of employment for certain employees within the Tasmanian branch of the organisation.

The primary legal issue for the Commission to address was whether the proposed enterprise agreement provided a net benefit to the employees covered by it when compared to the applicable awards and existing enterprise agreements. The Commission needed to assess whether the agreement improved the employees' overall terms and conditions of employment, including pay rates, leave entitlements, and other benefits, or if it merely maintained the status quo.

In its decision, the Commission found that the proposed agreement did indeed provide a net benefit to the employees. The agreement included provisions for wage increases, improved leave entitlements, and other benefits that, when considered in their entirety, resulted in the employees being better off overall. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved it as a certified agreement. The decision was made on the basis of the evidence presented by the applicant, which demonstrated that the proposed agreement offered tangible improvements to the employees' terms and conditions of employment.

The Commission approved the Greening Australia (TAS) Enterprise Agreement 2016 - 2019 as a certified agreement, effective from 1 April 2016. The approval was based on the findings that the agreement provided a net benefit to the employees and met the "better off overall test" under the Fair Work Act. The approved agreement now governs the employment terms and conditions of the employees covered by it for the duration of the agreement.

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