DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Active Group T/A Active Tree Services Pty Ltd
(AG2019/1956)

ACTIVE TREE SERVICES PTY LTD ENTERPRISE AGREEMENT (NORTHERN TERRITORIES) 2018-2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 JULY 2019

Application for approval of the Active Tree Services Pty Ltd Enterprise Agreement (Northern Territories) 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Active Tree Services Pty Ltd Enterprise Agreement (Northern Territories) 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Active Group T/A Active Tree Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 24 July 2019 and, in accordance with s.54, will operate from 31 July 2019. The nominal expiry date of the Agreement is 30 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Active Group T/A Active Tree Services Pty Ltd recently came before the Fair Work Commission, where the company sought approval of an enterprise agreement. The applicant, Active Group, operates under the trading name Active Tree Services Pty Ltd and is engaged in tree services within the Northern Territory. The Fair Work Commission was tasked with determining whether the proposed agreement should be approved under the Fair Work Act 2009, as it is vital for the resolution of workplace relations issues and ensuring fair terms for employees.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement complied with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the Commission had to examine whether the agreement met the criteria for being a "single, integrated, and legally enforceable document" that fairly and appropriately resolved the terms and conditions of employment for the relevant workforce. This involved assessing whether the agreement contained all mandatory terms and whether it was certified by the relevant independent certifier as meeting the requirements.

The Fair Work Commission found that the Active Tree Services Pty Ltd Enterprise Agreement (Northern Territories) 2018-2022 met all the statutory requirements for approval. The Commission noted that the agreement was a single, integrated, and legally enforceable document that appropriately and fairly resolved the terms and conditions of employment. Additionally, the Commission was satisfied that all mandatory terms were included in the agreement and that it had been certified by an independent certifier as meeting the requirements of the Act. Consequently, the Commission approved the agreement, ensuring that it would serve as a binding and lawful contract between the employer and employees for the specified period.

Active Group T/A Active Tree Services 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