National Trust of Australia (Victoria)

[2014] FWCA 184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Trust of Australia (Victoria)
(AG2013/10558)

NATIONAL TRUST OF AUSTRALIA (VICTORIA) AND THE AUSTRALIAN WORKERS UNION GARDENERS AGREEMENT 2013

Amusement, events and recreation industry
COMMISSIONER CRIBB	MELBOURNE, 8 JANUARY 2014

Application for approval of the National Trust of Australia (Victoria) and the Australian Workers Union Gardeners Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the National Trust of Australia (Victoria) and the Australian Workers Union Gardeners Agreement 2013 (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] 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] The Australian Workers’ Union (AWU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 8 January 2014 and, in accordance with s.54 of the Act, will operate from 15 January 2014. The nominal expiry date of the Agreement is 31 August 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Trust of Australia (Victoria) and the Australian Workers Union sought approval of the Australian Workers Union Gardeners Agreement 2013. The application was brought before the Fair Work Commission. The primary issue before the Commission was whether the agreement met the criteria set out in the Fair Work Act 2009, particularly regarding its compliance with the better-off-overall test.

The Commission examined the terms of the agreement and the evidence presented by the parties. It considered the potential impact of the agreement on the employees, including any changes to wages, conditions, and other benefits. The Commission also assessed whether the agreement provided a fair and reasonable outcome for both the employer and the employees. Ultimately, the Commission determined that the agreement met the better-off-overall test and was in the best interests of the employees. It approved the agreement, which will now be binding on the parties.

The Fair Work Commission approved the Australian Workers Union Gardeners Agreement 2013. This decision ensures that the agreement will provide a fair and reasonable outcome for both the employer and the employees. The agreement will now be binding on the parties and will govern the terms and conditions of employment for the covered employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established