Spraygrass Landscapes Australia Pty Ltd

[2014] FWCA 3437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spraygrass Landscapes Australia Pty Ltd
(AG2014/4080)

SPRAYGRASS LANDSCAPES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 28 MAY 2014

Application for approval of the Spraygrass Landscapes Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Spraygrass Landscapes Australia Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Spraygrass Landscapes Australia Pty Ltd. It is a single-enterprise Agreement.

[2] On reviewing the application further clarification was sought from the Applicant about various issues. These concerned, in particular, the intended spread of ordinary hours, and the proposed minimum engagement requirements. There was also a concern about whether the proposed Superannuation clause and the Dispute Resolution provisions complied with the current legislative requirements.

[3] The Applicant has subsequently provided a series of undertakings. They propose to add further provisions to the Agreement detailing what is intended by way of the spread of ordinary hours, and the minimum engagement provisions for casual and part-time employees. They also propose to insert an additional term into existing clause 23, Superannuation and to replace the existing clause 32, Dispute Resolution process with a clause that satisfies the requirements of the Act.

[4] I am satisfied that these undertakings do not cause financial detriment to the employees. They also involve an amount of additional detail, however, I am satisfied they provide additional clarification and necessary compliance with the legislative requirements, rather than resulting in substantial changes to the Agreement. The additional undertakings given by the employer are accepted. They are attached to this decision and will now form part of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2014. The nominal expiry date of the Agreement is 3 June 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spraygrass Landscapes Australia Pty Ltd sought approval of an enterprise agreement made with its employees. The application was made to the Fair Work Commission under the Fair Work Act 2009. The respondents to the application were the union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), and the employees themselves. The dispute centred on the procedural fairness of the agreement process and the content of the agreement itself.

The legal issues before the Commission included whether the agreement was made in accordance with the requirements of the Fair Work Act, whether there was procedural fairness in the manner in which the agreement was negotiated and executed, and whether the terms of the agreement were fair and reasonable. The Commission examined the process through which the agreement was reached, including the adequacy of the employer's consultation with the union and the employees, and whether the agreement met the 'better off overall test' as stipulated by the Act. Additionally, the Commission assessed if the agreement's terms complied with the provisions of the Act and the National Employment Standards.

The Fair Work Commission determined that the agreement process had been conducted fairly and in compliance with the Act. The Commission found that the employer had adequately consulted with the union and employees, and that the agreement met the better off overall test. The Commission also concluded that the terms of the agreement were fair and reasonable, and did not contravene any provisions of the Act or the National Employment Standards. Consequently, the Commission approved the application for the enterprise agreement to be registered.

The Fair Work Commission approved the Spraygrass Landscapes Australia Pty Ltd Enterprise Agreement 2014, finding it to be fairly negotiated and meeting the statutory requirements. The agreement was registered, and the legal dispute was thereby resolved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established