DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greening Australia (WA)
(AG2015/7804)

GREENING AUSTRALIA (WA) ENTERPRISE AGREEMENT 2016 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Greening Australia (WA) 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 (WA). 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 (WA) applied to the Fair Work Commission for approval of an enterprise agreement. The Fair Work Commission, led by Commissioner McCabe, examined the agreement to ensure it complied with relevant legislative provisions. The agreement sought to govern the terms and conditions of employment for employees of Greening Australia (WA) for the period 2016-2019. The primary legal issues before the Commission were whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009 and whether it contained the minimum terms and conditions mandated by the Act.

The Commission found that the agreement was made in accordance with the necessary provisions, as it was certified by an independent certifier and was in writing. Additionally, the Commission concluded that the agreement contained the minimum terms and conditions required by the Act, including provisions for minimum wages, penalty rates, leave entitlements, and maximum weekly hours. The Commission was satisfied that the agreement provided for a fair and equitable resolution of the employment issues between Greening Australia (WA) and its employees. Based on these findings, the Commission approved the Greening Australia (WA) Enterprise Agreement 2016-2019, ensuring its enforceability and compliance with the Fair Work Act 2009.

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