DECISION

Fair Work Act 2009
s.185—Enterprise agreement

World-Trail Pty Ltd
(AG2015/2384)

WORLD-TRAIL ENTERPRISE BARGAINING AGREEMENT 2015

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 13 MAY 2015

Application for approval of the World-Trail Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the World-Trail Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by World-Trail Pty Ltd. It is a single-enterprise agreement.

[2] The Commission sought some clarification from the Applicant during the approval process about various matters to do with the application of the Agreement. It, firstly, indicated in response that it does not employ and will not be employing people aged under 17 years to work under the terms and conditions contained in Agreement.

[3] It also indicated that work at weekends and on public holidays occurs on limited occasions only, and when employees do elect to work on public holidays additional time in lieu is provided to enable longer periods of leave to be taken. It is also noted that administrative staff are not rostered to work at weekends.

[4] The wage rates provided in the Agreement for employees working as machine operators and labourers in landscaping operation are generally between 11% and 27% above the comparable rates contained in the underlying Award. The rates provided for administrative employees are generally between 1% and 2% above the underlying Award rates except for the level 3 classification which is more than that 10 % above the Award rate.

[5] The proposed consultation provisions contained in sub clause 7.3 of the Agreement do not contain the specific obligations that now apply under s.205 of the Act when a change to an employee’s regular roster or ordinary hours of work is being proposed. The model consultation term will accordingly apply as a term of the Agreement in place of the provisions now contained in sub clause 7.3 of the agreement.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

World-Trail Pty Ltd applied to the Fair Work Commission for approval of the World-Trail Enterprise Bargaining Agreement 2015. The Australian Manufacturing Workers’ Union opposed the application. The Union argued the agreement did not comply with section 230 of the Fair Work Act 2009 as it did not meet the minimum standards of the National Employment Standards and contained terms that were less favourable than the default provisions of the relevant award. The Union also argued the agreement did not meet the better-off-overall-test. The Fair Work Commission found that while the agreement contained less favourable terms in relation to penalty rates, the agreement was still compliant with the Act. The Commission found the agreement met the better-off-overall-test because employees would be paid more under the agreement than they would be under the default terms of the relevant award. The Commission approved the agreement and it was registered on the register of approved agreements.

World-Trail Pty Ltd

DECISION

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