DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Greening Australia (WA) Ltd T/A Greening Australia WA
(AG2017/5835)

GREENING AUSTRALIA (WA) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 10 APRIL 2018

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

[1] An application has been made for approval of a variation to the Greening Australia (WA) Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Greening Australia (WA) Ltd T/A Greening Australia WA 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 (WA) Ltd, trading as Greening Australia WA, sought variation of the Greening Australia (WA) Enterprise Agreement 2016-2019. The application was brought before the Fair Work Commission, which was asked to determine whether the conditions of the agreement could be altered to reflect changes in the working environment. The primary dispute centred around the proposed changes to the work hours and conditions of employment, which both the employer and the employees' representative, the Building and Construction General On-Site Union (BCGOSU), had differing views on.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were justified under the Fair Work Act 2009. Specifically, the Commission needed to assess if the changes were in the interests of the employees and whether the process followed was fair and appropriate. Another key aspect was determining whether the changes were necessary due to significant changes in the circumstances of the enterprise since the original agreement was made.

The Commission found that the proposed changes to the enterprise agreement were warranted due to substantial shifts in the operational environment of Greening Australia (WA). These changes included the introduction of new technologies and a restructuring of work practices, which necessitated adjustments to the work hours and conditions. The Commission concluded that the proposed changes were in the interests of the employees, as they aligned with the current business needs and provided for better working conditions. The process followed by the employer was deemed to be fair, transparent, and inclusive, involving extensive consultation with the employees' representative. Consequently, the application for variation of the enterprise agreement was approved, with the changes coming into effect as stipulated in the new agreement.

Greening Australia (WA) Ltd T/A Greening Australia WA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established