Groundworks Australia Pty Ltd (ABN 31 106 065 338, ACN 106 065 338) as trustee for Groundworks Unit Trust (ABN 55 655 958 862) t/a Groundworks

[2013] FWCA 1043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Groundworks Australia Pty Ltd (ABN 31 106 065 338, ACN 106 065 338) as trustee for Groundworks Unit Trust (ABN 55 655 958 862) t/a Groundworks
(AG2013/169)

GROUNDWORKS ENTERPRISE AGREEMENT 2012

Gardening services
COMMISSIONER ASBURY	BRISBANE, 13 FEBRUARY 2013

Application for approval of the Groundworks Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Groundworks Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Groundworks Australia Pty Ltd (ABN 31 106 065 338, ACN 106 065 338) as trustee for Groundworks Unit Trust (ABN 55 655 958 862) t/a Groundworks. 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] On 12 February 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 20 February 2013. The nominal expiry date of the Agreement is 13 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Groundworks Australia Pty Ltd, trading as Groundworks, applied for approval of the Groundworks Enterprise Agreement 2012. The Fair Work Commission heard the matter, with the primary issue being whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while no party contested the fairness of the agreement on its merits.

The Commission considered several legal issues, including whether the agreement provided for minimum wages and conditions, if it contained any terms that would undermine the operation of the safety net of minimum wages and conditions, and if it contained any terms that were contrary to public policy. The Commission also examined the process by which the agreement was negotiated and the extent to which employees were involved in the process.

After reviewing the evidence and submissions, the Commission determined that the agreement met the statutory requirements for approval. The Commission found that the agreement provided for minimum wages and conditions, did not contain terms that would undermine the safety net of minimum wages and conditions, and did not contain any terms that were contrary to public policy. The Commission also found that the agreement was negotiated in good faith and that employees had been involved in the negotiation process. Consequently, the application for approval of the Groundworks Enterprise Agreement 2012 was approved.

The Fair Work Commission approved the Groundworks Enterprise Agreement 2012, effective from the date of the decision. The Commission ordered that the agreement be registered with the Fair Work Commission and that it be published on the Fair Work Ombudsman's website. The decision is final and binding on all parties, and no further application for approval of the agreement is necessary.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established