DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Greening Australia (VIC) Ltd T/A Greening Australia Victoria
(AG2017/5834)

GREENING AUSTRALIA (VIC) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 10 APRIL 2018

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

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

The case before the Fair Work Commission was an application by the Australian Manufacturing Workers’ Union, acting on behalf of its members employed by Greening Australia (VIC) Ltd, trading as Greening Australia Victoria, to vary the Greening Australia (VIC) Enterprise Agreement 2016-2019. The dispute centred around the terms of employment, particularly seeking amendments to the agreement to better align with the union's representation of its members' conditions. The union argued that the existing agreement did not sufficiently reflect the agreed-upon terms and sought changes to various sections, including wages, leave entitlements, and work conditions.

The legal issues the Commission had to address involved the interpretation and application of the Fair Work Act 2009, specifically sections related to the process for varying an enterprise agreement. The central question was whether the application met the statutory requirements for varying the agreement, including whether the union had the necessary support from the employees and whether the changes proposed were in the best interests of the employees and the employer. The Commission had to carefully examine the evidence presented regarding employee support and the potential impact of the proposed changes on the workplace.

In its decision, the Fair Work Commission found that the application did not meet the statutory requirements for varying the enterprise agreement. The Commission noted that while the union had presented evidence of support from its members, the process followed to obtain this support was not in compliance with the Fair Work Act. Additionally, the Commission determined that some of the proposed changes were not in the best interests of the employees or the employer, particularly those related to wage increases and leave entitlements. Consequently, the Commission rejected the application, upholding the existing enterprise agreement without modification.

The Commission's decision was based on a thorough analysis of the application process and the evidence provided. The final orders of the Commission were that the application for variation of the Greening Australia (VIC) Enterprise Agreement 2016-2019 be dismissed. The existing agreement would continue to govern the employment terms of the employees, without any changes as proposed by the union.

Greening Australia (VIC) Ltd T/A Greening Australia Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established