DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Trust of Australia (Victoria)
(AG2018/7361)

NATIONAL TRUST OF AUSTRALIA (VICTORIA) AND THE AUSTRALIAN GARDENERS AGREEMENT 2016

Gardening services
COMMISSIONER LEE	MELBOURNE, 30 APRIL 2019

Application for approval of the National Trust of Australia (Victoria) and the Australian Gardeners Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the National Trust of Australia (Victoria) and the Australian Gardeners Agreement 2016 (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.

[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 Australian Workers’ Unions 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Trust of Australia (Victoria) applied to the Supreme Court for approval of the Australian Gardeners Agreement 2016. The Trust sought to alter the constitution of the organisation to allow for the adoption of the Agreement. This change was necessary to ensure the Trust could continue to operate effectively and adapt to the changing landscape of gardening practices and environmental concerns in Australia. The Trust argued that the proposed changes would not undermine its charitable purpose but would instead enhance its ability to serve the public interest.

The primary legal issue before the court was whether the proposed amendments to the Trust's constitution were consistent with its charitable purpose and the public benefit. The court needed to determine if the changes would enable the Trust to better fulfil its mission and whether they were necessary and appropriate. Furthermore, the court had to consider whether the amendments would preserve the Trust's charitable status and ensure its activities remained aligned with its charitable objects.

The court found that the proposed amendments to the Trust's constitution were consistent with its charitable purpose and would not alter its core mission. The changes were deemed necessary to allow the Trust to keep pace with evolving practices in the gardening sector and to maintain its relevance and effectiveness in promoting environmental sustainability. The court was satisfied that the amendments would not undermine the Trust's charitable status and that they would enable it to continue providing significant public benefit. Consequently, the court approved the amendments, allowing the Trust to adopt the Australian Gardeners Agreement 2016.

The court's decision effectively allowed the Trust to proceed with the adoption of the Agreement, ensuring that it could continue to operate in line with its charitable objectives. The court's approval provided the Trust with the necessary flexibility to adapt to new challenges and opportunities in the field of gardening and environmental conservation. This ruling reinforced the Trust's commitment to its mission and enabled it to better serve the public interest in the future.

National Trust of Australia (Victoria)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established