DECISION

Fair Work Act 2009
s.185—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 Australia
(AG2017/5502)

GROUNDWORKS AUSTRALIA ENTERPRISE AGREEMENT 2017

Gardening services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 MAY 2018

Application for approval of the Groundworks Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Groundworks Australia Enterprise Agreement 2017 (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 Australia. The agreement is a single enterprise agreement.

[2] The Applicant 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, 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.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 16 May 2018 and, in accordance with s.54, will operate from 23 May 2018. The nominal expiry date of the Agreement is 16 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Groundworks Australia Pty Ltd, applied to the Fair Work Commission for approval of the Groundworks Australia Enterprise Agreement 2017. The applicant is a trustee for a unit trust, trading as Groundworks Australia, and the application seeks to have the agreement approved under the Fair Work Act 2009. The nature of the dispute revolves around the terms and conditions of employment for employees of Groundworks Australia, as outlined in the proposed agreement.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement contained all the mandatory terms prescribed by the Act and if it was made in good faith and without coercion. Additionally, the court had to consider whether the agreement complied with the "better off overall test," ensuring that employees would not be worse off financially compared to their previous conditions of employment.

In reaching its decision, the court examined the provisions of the Fair Work Act and the details of the proposed agreement. The court found that the agreement included all the mandatory terms required by the Act and was made in good faith. It also concluded that the agreement satisfied the better off overall test, as employees would not be worse off under the new conditions. Therefore, the court approved the Groundworks Australia Enterprise Agreement 2017, subject to the conditions and limitations set out in the order.

The court's final order approved the Groundworks Australia Enterprise Agreement 2017, effective from the date of the order. The agreement was to be registered with the Fair Work Commission and would apply to all employees covered by the agreement. The approval was subject to the conditions that the agreement be implemented in good faith and without coercion, and that any changes to the agreement must be made in accordance with the Fair Work Act.

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 Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established