Active Tree Services Pty Ltd

[2019] FWCA 7569

[2019] FWCA 7569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Active Tree Services Pty Ltd
(AG2019/3787)

ACTIVE TREE SERVICES PTY LTD ENTERPRISE AGREEMENT(TASMANIA) 2019-2023

Agricultural industry
COMMISSIONER CIRKOVIC	MELBOURNE, 1 NOVEMBER 2019

Application for approval of the Active Tree Services Pty Ltd Enterprise Agreement (Tasmania) 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Active Tree Services Pty Ltd Enterprise Agreement (Tasmania) 2019-2023 (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] The Notice of Employee Representational Rights which was provided to employees is not in the exact current form prescribed under section 174 of the Act. In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others, 1 I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[3] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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. The undertakings are taken to be a term of the agreement.

[5] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 1 November 2019 and, in accordance with s.54, will operate from 8 November 2019. The nominal expiry date of the Agreement is 1 August 2023.

COMMISSIONER

Annexure A

 1   [2019] FWCFB 318.

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