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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Active Group t/a Active Tree Services Pty Ltd, the applicant, who sought approval for the Active Tree Services Pty Ltd NT Enterprise Agreement 2015 - 2018. The dispute arose as the Fair Work Commission was required to determine whether the agreement met the requirements set forth in the Fair Work Act 2009. The application was heard by the Fair Work Commission in Australia.

The central legal issue before the court was whether the proposed enterprise agreement complied with the statutory provisions outlined in the Fair Work Act 2009. Specifically, the court had to consider whether the agreement met the minimum requirements for coverage, bargaining, and the good faith obligations of the parties involved. Additionally, the court examined whether the agreement provided for a fair and reasonable set of terms and conditions for employees.

In its decision, the Fair Work Commission found that the proposed agreement substantially complied with the statutory requirements. The court acknowledged that the agreement provided for a comprehensive set of terms and conditions, including provisions for minimum rates of pay, penalty rates, leave entitlements, and dispute resolution mechanisms. The court also noted that the agreement had been negotiated in good faith and that it provided for a fair and reasonable outcome for both parties. Consequently, the court approved the enterprise agreement, finding it to be compliant with the Fair Work Act 2009.

The final orders of the court were that the Active Tree Services Pty Ltd NT Enterprise Agreement 2015 - 2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The court also directed that the agreement be registered with the Fair Work Commission and that a copy be provided to both parties. This decision provided clarity on the requirements for enterprise agreements and reinforced the importance of good faith bargaining and compliance with the Fair Work Act 2009.

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