DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Active Tree Services Pty Ltd
(AG2016/5178)

ACTIVE TREE SERVICES, COMMERCIAL NSW ENTERPRISE AGREEMENT, 2016 - 2020

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Active Tree Services, Commercial NSW Enterprise Agreement, 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Active Tree Services, Commercial NSW Enterprise Agreement, 2016 - 2020 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Active Tree Services Pty Ltd, sought approval of an enterprise agreement which it had entered into with its employees. The respondents were the employees of Active Tree Services Pty Ltd and the relevant union. The dispute centred around whether the agreement complied with the statutory requirements for approval and whether it provided adequate protections for the employees.

The primary legal issues before the Commission were whether the agreement was made in accordance with the Fair Work Act 2009 and whether it met the specific criteria for approval, including whether it provided for fair and reasonable terms and conditions. The Commission also had to consider if the agreement had been made in a genuine and voluntary manner, without any coercion or undue influence.

The Commission found that the agreement had been made in accordance with the Fair Work Act 2009 and that it met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions, including provisions for wages, leave, and other employment conditions. The Commission also concluded that the agreement had been made in a genuine and voluntary manner, without any coercion or undue influence. As such, the Commission approved the Active Tree Services, Commercial NSW Enterprise Agreement, 2016 - 2020.

The Fair Work Commission approved the enterprise agreement, finding that it was made in accordance with the Fair Work Act 2009, met the necessary criteria for approval, and was made in a genuine and voluntary manner. The Commission's decision is final and binding on the parties.

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