DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Active Tree Services Pty Ltd
(AG2021/6474)

ACTIVE TREE SERVICES PTY LTD NSW COMMERCIAL DIVISION ENTERPRISE AGREEMENT 2021 - 2024

Gardening services
DEPUTY PRESIDENT CROSS	SYDNEY, 11 AUGUST 2021

Application for approval of the Active Tree Services, NSW Commercial Division Enterprise Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Active Tree Services, NSW Commercial Division Enterprise Agreement 2021 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Active Tree Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involves an application for the approval of the Active Tree Services, NSW Commercial Division Enterprise Agreement 2021 - 2024. This agreement was proposed by the employer, Active Tree Services Pty Ltd, and the union representing the employees, the Electrical Trades Union of Australia. The application was brought before the Fair Work Commission, specifically the NSW Commercial Division, to determine whether the agreement meets the legal requirements for approval under the Fair Work Act 2009. The primary concern was the inclusion of a clause regarding the use of drones for tree inspections and services, which was a contentious issue between the parties.

The legal issues before the court involved whether the proposed enterprise agreement was a genuine enterprise agreement and whether it complied with the requirements of the Fair Work Act. Key among these was the question of whether the drone usage clause was fair and reasonable, given the safety and operational implications for the employees. The union argued that the clause was unfair as it did not adequately address the safety concerns and the potential impact on job security and skill levels of the employees.

The Fair Work Commission examined the fairness of the drone usage clause in the context of the overall agreement. The Commission considered evidence from both parties regarding the use of drones, including safety protocols, training requirements, and the potential impact on employee roles. Ultimately, the Commission found that the drone clause was reasonable and fair, as it included provisions for safety training and did not disadvantage the employees in terms of job security. The Commission approved the agreement, noting that it met the criteria for genuine enterprise agreements under the Fair Work Act.

The Fair Work Commission approved the Active Tree Services, NSW Commercial Division Enterprise Agreement 2021 - 2024, subject to the conditions that the employer implement the agreed safety protocols and training for the use of drones. The decision acknowledged the union's concerns but concluded that the agreement was fair and balanced, taking into account the safety measures and training provisions included. The approval ensures that the agreement will be legally binding between the employer and the union for the specified period.

Active Tree Services Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established