DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plant Management Horticultural Services Pty Ltd T/A The Plant Management Company
(AG2014/9191)

THE PLANT MANAGEMENT COMPANY PTY LTD ENTERPRISE AGREEMENT 2014

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 4 DECEMBER 2014

Application for approval of The Plant Management Company Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Plant Management Company Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Plant Management Horticultural Services Pty Ltd T/A The Plant Management Company. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2014. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Plant Management Horticultural Services Pty Ltd, trading as The Plant Management Company, which applied for approval of its 2014 Enterprise Agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission, where the nature of the dispute was to determine whether the agreement met the legal requirements for approval under the legislation. The Commission had to consider various factors, including whether the agreement was made in good faith, the extent to which it facilitated workplace flexibility, and if it provided adequate protections for employees.

The primary legal issues before the Commission were whether the agreement satisfied the statutory requirements for approval, particularly focusing on the good faith test and the provisions for workplace flexibility. The Commission also needed to assess whether the agreement provided fair and reasonable terms for employees, including adequate provisions for minimum wages, leave entitlements, and other employment conditions. Additionally, the Commission examined if the agreement sufficiently protected employees from adverse actions due to its implementation.

In reaching its decision, the Fair Work Commission carefully considered the evidence and submissions presented by both parties. It found that the agreement was made in good faith and provided for appropriate workplace flexibility, which included provisions for casual loading and shift penalties. The Commission was satisfied that the agreement included terms that were fair and reasonable, offering adequate protections for employees in relation to minimum wages, leave entitlements, and other employment conditions. Based on these findings, the Commission approved the application for the 2014 Enterprise Agreement, concluding that it met all the necessary statutory requirements.

The Fair Work Commission's final order was to approve the Plant Management Horticultural Services Pty Ltd T/A The Plant Management Company 2014 Enterprise Agreement, effective from the date of the decision. This approval ensured that the agreement could be implemented, providing a framework for the employment conditions of the parties involved.

Plant Management Horticultural Services Pty Ltd T/A The Plant Management Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established