DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spraygrass Landscapes Australia Pty Ltd
(AG2017/5635)

SPRAYGRASS LANDSCAPES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Gardening services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 MAY 2018

Application for approval of the Spraygrass Landscapes Australia Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Spraygrass Landscapes Australia Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spraygrass Landscapes Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Agreement was approved on 4 May 2018 and, in accordance with s.54, will operate from 11 May 2018. The nominal expiry date of the Agreement is 11 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Spraygrass Landscapes Australia Pty Ltd was the applicant in an application before the Fair Work Commission seeking approval of the Spraygrass Landscapes Australia Pty Ltd Enterprise Agreement 2017. The respondent was the Horticulture Industry (General) Award 2010, represented by the Australian Education Union. The dispute centred on the terms and conditions of employment of the employees within the landscaping industry, specifically focusing on the proposed enterprise agreement and its compliance with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. This involved assessing whether the agreement contained all the mandated minimum terms and conditions, and whether it was free from prohibited content. Additionally, the Commission needed to determine if the agreement was made in good faith and whether it allowed for proper employee consultation. The fairness and validity of the agreement's provisions, particularly those concerning wages, hours of work, and other employment terms, were also scrutinised.

In examining the agreement, the Commission considered the nature of the bargaining process, the extent of employee involvement, and the fairness of the terms proposed. The Commission found that the agreement contained all the mandated minimum terms and conditions and was free from prohibited content. It was concluded that the agreement was made in good faith and allowed for proper employee consultation. The Commission also found that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the landscaping industry. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Spraygrass Landscapes Australia Pty Ltd Enterprise Agreement 2017, determining that it met all the necessary legal requirements and was fair and reasonable for the employees involved. The Commission's approval signifies the formal recognition of the agreement as a binding instrument under the Fair Work Act.

Spraygrass Landscapes Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established