Active Group t/a Active Tree Services Pty Ltd

[2016] FWCA 4386

[2016] FWCA 4386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Active Group t/a Active Tree Services Pty Ltd
(AG2016/1279)

ACTIVE TREE SERVICES PTY LTD NT ENTERPRISE AGREEMENT 2015 - 2018

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 4 JULY 2016

Application for approval of the Active Tree Services Pty Ltd NT Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Active Tree Services Pty Ltd NT Enterprise Agreement 2015 - 2018 (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 (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

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Annexure A