DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenspaces Horticultural Services Pty Ltd T/A Greenspaces
(AG2018/5718)

GREENSPACES HORTICULTURAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2018

Gardening services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 APRIL 2019

Application for approval of the Greenspaces Horticultural Services Pty Ltd Single Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Greenspaces Horticultural Services Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greenspaces Horticultural Services Pty Ltd T/A Greenspaces. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 23 April 2019 and, in accordance with s.54, will operate from 30 April 2019. The nominal expiry date of the Agreement is 23 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Greenspaces Horticultural Services Pty Ltd, trading as Greenspaces, applied for the approval of their 2018 Single Enterprise Agreement. The dispute involved the interpretation and application of the Fair Work Act 2009, specifically regarding the provisions for approving enterprise agreements. The Fair Work Commission heard the application, tasked with determining whether the agreement met the criteria for approval under the Act.

The central legal issue revolved around whether the agreement complied with the procedural requirements for a single enterprise agreement under the Fair Work Act 2009. The key points of contention included whether the agreement was genuinely negotiated and whether it provided adequate protections for employees. Additionally, the Commission had to assess whether the agreement contained all the mandated terms and conditions as per the Act.

The Commission meticulously reviewed the negotiation process and the contents of the agreement. It concluded that the agreement was genuinely negotiated and contained all the mandatory terms and conditions. The Commission found that the agreement provided appropriate protections for employees and complied with the statutory requirements. Therefore, the application was approved, and the Greenspaces Horticultural Services Pty Ltd Single Enterprise Agreement 2018 was formally endorsed.

The Commission's decision was communicated to the parties, and the agreement was approved, effective from the date of the decision. The approval signified that the agreement could be implemented, and it would govern the employment terms and conditions for the employees of Greenspaces.

Greenspaces Horticultural Services Pty Ltd T/A Greenspaces

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established