Active Contracting Pty Ltd ATF Active Contracting Unit Trust

[2023] FWCA 3054

[2023] FWCA 3054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Active Contracting Pty Ltd ATF Active Contracting Unit Trust

(AG2023/3034)

ACTIVE TREE SERVICES PTY LTD & ETU NSW ENTERPRISE AGREEMENT 2023-2026

Gardening services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 20 SEPTEMBER 2023

Application for approval of the Active Tree Services Pty Ltd & ETU NSW Enterprise Agreement 2023-2026

1. An application has been made for approval of an enterprise agreement known as the Active Tree Services Pty Ltd & ETU NSW Enterprise Agreement 2023-2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Active Contracting Pty Ltd ATF Active Contracting Unit Trust (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

1. I note that Clause 1.9 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is inconsistency between the terms of this Agreement and the NES, and the NES provides greater benefit to an employee, the NES provision will apply to the extent of the inconsistency.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 20 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE521584  PR766442>

Annexure A