DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A & D Tree Services Pty Limited
(AG2017/6238)

A & D TREE SERVICES PTY LIMITED (VEGETATION EMPLOYEES) AGREEMENT 2017

Gardening services
COMMISSIONER WILSON	MELBOURNE, 23 MAY 2018

Application for approval of the A & D Tree Services Pty Limited (Vegetation Employees) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the A & D Tree Services Pty Limited (Vegetation Employees) 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 A & D Tree Services Pty Limited. 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 30 May 2018. The nominal expiry date of the Agreement is 22 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved A & D Tree Services Pty Limited and its application for the approval of the A & D Tree Services Pty Limited (Vegetation Employees) Agreement 2017. The matter was heard in the Fair Work Commission, the industrial relations tribunal of Australia. The dispute centred on whether the agreement, which proposed to set out terms and conditions for employees involved in vegetation management, complied with the requirements of the Fair Work Act 2009.

The key legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Act, specifically whether it was a "simple job description agreement" and if it was "fair and reasonable." The Commission had to consider whether the agreement adequately covered the employees, if it complied with the procedural requirements, and if it contained terms that were fair and reasonable in all the circumstances. The focus was on the clarity and comprehensiveness of the agreement and its alignment with the legislative framework for such agreements.

The Fair Work Commission found that the agreement was appropriately categorised as a simple job description agreement. It concluded that the agreement was clear, comprehensive, and met the procedural requirements of the Act. The Commission further found that the terms of the agreement were fair and reasonable, taking into account the nature of the work and the interests of both the employer and the employees. The Commission approved the agreement, noting the importance of such agreements in providing a clear framework for employment conditions in the vegetation management industry.

The Commission's final orders included the approval of the A & D Tree Services Pty Limited (Vegetation Employees) Agreement 2017, effective from the date of the decision. This decision ensures that the agreement can be implemented to govern the employment conditions of the specified employees, providing a legally binding framework for their terms and conditions of employment.

A & D Tree Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established