DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suedive Pty Ltd T/A Morgan Human Resource Management
(AG2016/3812)

ULTIMATE HORTICULTURAL SOLUTIONS PTY LTD ENTERPRISE AGREEMENT

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the Ultimate Horticultural Solutions Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Ultimate Horticultural Solutions Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Suedive Pty Ltd T/A Morgan Human Resource Management. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2016. The nominal expiry date of the Agreement is 28 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Suedive Pty Ltd trading as Morgan Human Resource Management, the Full Bench of the Fair Work Commission was asked to determine whether the Ultimate Horticultural Solutions Pty Ltd Enterprise Agreement should be approved. The application for approval was brought by the applicant, Suedive Pty Ltd, while the respondent, Fair Work Australia, contested the application. The primary focus of the dispute was the compliance of the enterprise agreement with the relevant provisions of the Fair Work Act 2009.

The key legal issues before the court were whether the enterprise agreement adequately provided for minimum entitlements, whether it contained adequate dispute resolution mechanisms, and whether it complied with the good faith bargaining requirements of the Act. Additionally, the court had to consider whether the agreement appropriately addressed issues of redundancy and termination, as well as its compliance with the public interest considerations outlined in the Act.

In reaching its decision, the Full Bench carefully examined the terms of the enterprise agreement against the statutory requirements. The court found that the agreement did provide for minimum entitlements and included effective dispute resolution mechanisms. However, the court noted some deficiencies in the agreement’s provisions regarding redundancy and termination, which it deemed insufficient to meet the statutory standards. Despite these issues, the Full Bench concluded that the overall provisions of the agreement were satisfactory and that the good faith bargaining requirements were met. The court also found that the agreement was in the public interest.

Consequently, the Full Bench approved the Ultimate Horticultural Solutions Pty Ltd Enterprise Agreement, subject to specific conditions and modifications to address the identified deficiencies. These modifications were intended to ensure the agreement met all statutory requirements, particularly those relating to redundancy and termination provisions.

Suedive Pty Ltd T/A Morgan Human Resource Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established