DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greening Australia (VIC)
(AG2015/7806)

GREENING AUSTRALIA (VIC) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Greening Australia (VIC) 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 (VIC). 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 (VIC) is a case in which the Fair Work Commission (FWC) was asked to approve an enterprise agreement between Greening Australia Victoria and its employees. The applicants, Greening Australia Victoria, sought approval for the Greening Australia (VIC) Enterprise Agreement 2016 - 2019. The legal issues before the FWC were whether the agreement was in the public interest, and whether the agreement complied with the requirements of the Fair Work Act 2009.

The FWC considered the agreement to be in the public interest as it provided for a fair and equitable workplace for employees, and facilitated the delivery of environmental services to the community. The FWC found that the agreement complied with the requirements of the Fair Work Act 2009, including the requirement for good faith bargaining. The FWC noted that the agreement was the result of good faith bargaining between the parties, and that the employees had been given an opportunity to provide input into the agreement. The FWC also found that the agreement contained provisions that were necessary to facilitate the delivery of environmental services, and that the agreement was not likely to have an adverse effect on the public interest.

As a result, the FWC approved the Greening Australia (VIC) Enterprise Agreement 2016 - 2019. The agreement provides for a range of terms and conditions of employment, including wages, hours of work, and leave entitlements. The agreement also contains provisions that facilitate the delivery of environmental services, such as provisions relating to the allocation of work and the use of volunteers. The approval of the agreement provides certainty and stability to both the employees and the employer, and facilitates the delivery of environmental services to the community.

Greening Australia (VIC)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established