DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Active Tree Services Pty Ltd
(AG2020/2451)

ACTIVE TREE SERVICES, COMMERCIAL NSW ENTERPRISE AGREEMENT, 2020 - 2021

Gardening services
COMMISSIONER MCKINNON	MELBOURNE, 1 SEPTEMBER 2020

Application for approval of the Active Tree Services, Commercial NSW Enterprise Agreement, 2020 - 2021.

[1] Application has been made by Active Tree Services Pty Ltd for approval of a single enterprise agreement known as the Active Tree Services, Commercial NSW Enterprise Agreement, 2020 - 2021 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2020. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

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CaseChat Overview and Summary

Active Tree Services Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Active Tree Services, Commercial NSW Enterprise Agreement, 2020 - 2021, which was to cover its employees. The employees, represented by a union, contested certain aspects of the agreement, leading to a dispute about its fairness and compliance with relevant employment laws. The Commission, having jurisdiction under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, and whether it contained terms and conditions that were fair and reasonable. Key points of contention were the provisions regarding wage rates, work hours, and the scope of employment. The Commission needed to consider whether the agreement provided a safety net for employees and whether it complied with the general protections and minimum standards outlined in the Act.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement had been made following proper procedures and that it contained terms and conditions that were fair and reasonable. The Commission concluded that the agreement provided an adequate safety net for employees and did not contravene any provisions of the Fair Work Act. The decision was based on the evidence presented, which demonstrated that the agreement had been negotiated in good faith and that it met the statutory requirements for approval.

The Fair Work Commission approved the Active Tree Services, Commercial NSW Enterprise Agreement, 2020 - 2021, setting it as a legally binding contract between the employer and the employees. The decision was made on the basis that the agreement was fair and reasonable and complied with all relevant legal requirements.

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