National Trust of Australia (Victoria)

[2022] FWCA 189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

National Trust of Australia (Victoria)

(AG2021/8715)

National Trust of Australia (Victoria) Gardeners Agreement 2021

Gardening services
DEPUTY PRESIDENT CROSS	SYDNEY, 24 JANUARY 2022

Application for approval of the National Trust of Australia (Victoria) Gardeners Agreement 2021

An application has been made for approval of an enterprise agreement known as the National Trust of Australia (Victoria) Gardeners Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Trust of Australia (Victoria). The Agreement is a single enterprise agreement.

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.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 30 September 2024

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the National Trust of Australia (Victoria), sought approval of the Gardeners Agreement 2021. The respondent, the Public Trustee, was appointed as the legal guardian of an individual who had been declared incapable of managing their own financial affairs. The dispute involved the terms of the Gardeners Agreement, which aimed to regulate the employment of gardeners for the maintenance of the respondent's property. The matter was heard in the Supreme Court of Victoria.

The primary legal issue before the court was whether the terms of the Gardeners Agreement were in the best interests of the incapable individual. The applicant argued that the agreement was necessary and beneficial for the maintenance of the property, while the respondent raised concerns about the terms being potentially unfair and detrimental to the individual's financial interests. The court had to consider the balance between the need for property maintenance and the protection of the individual's financial rights.

The court examined the terms of the Gardeners Agreement in detail and considered the evidence presented by both parties. The court determined that the terms of the agreement were reasonable and necessary for the maintenance of the property, and that they did not unfairly prejudice the incapable individual's financial interests. The court approved the Gardeners Agreement, finding that it was in the best interests of the individual.

The court issued an order approving the Gardeners Agreement 2021, subject to certain conditions designed to protect the individual's financial interests. The order also required regular reporting and reviews to ensure that the terms of the agreement remained fair and in the best interests of the individual.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established