DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asplundh Tree Expert (Australia) Pty Ltd
(AG2021/6439)

ASPLUNDH TREE EXPERT (AUSTRALIA) PTY LTD - VIC ENTERPRISE AGREEMENT 2021 -2025

Electrical contracting industry
COMMISSIONER O'NEILL	MELBOURNE, 9 AUGUST 2021

Application for approval of the Asplundh Tree Expert (Australia) Pty Ltd - VIC Enterprise Agreement 2021 -2025.

[1] Asplundh Tree Expert (Australia) Pty Ltd has applied for approval of an enterprise agreement known as the Asplundh Tree Expert (Australia) Pty Ltd - VIC Enterprise Agreement 2021 -2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (the Regulations) is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 7.7.4 - Public Holidays;

• Clause 7.8 - Community Services Leave; and

• Clause 9.2 - Redundancy.

However, noting clause 5.9.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2021. The nominal expiry date of the Agreement is 15 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Asplundh Tree Expert (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Asplundh Tree Expert (Australia) Pty Ltd - VIC Enterprise Agreement 2021-2025. The agreement in question was a single-employer, single-enterprise agreement that was intended to cover employees of Asplundh who were engaged in tree maintenance work within the state of Victoria. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it contained the necessary minimum terms and conditions, and if it had been fairly negotiated. The legal issues before the Fair Work Commission included whether the agreement contained the minimum terms and conditions required by the Fair Work Act 2009, and whether it had been fairly negotiated. The Commission considered submissions from both Asplundh and the Australian Workers' Union, who had been involved in the negotiation of the agreement.

The Fair Work Commission found that the agreement contained the necessary minimum terms and conditions, and that it had been fairly negotiated. The Commission noted that the agreement provided for a range of entitlements, including minimum rates of pay, leave entitlements, and provisions for the protection of employee health and safety. The Commission also found that the agreement had been negotiated in good faith, and that it reflected the interests of both parties. The Fair Work Commission approved the Asplundh Tree Expert (Australia) Pty Ltd - VIC Enterprise Agreement 2021-2025, which will now apply to the relevant employees until it is replaced by a new agreement or expires. The Commission noted that it would continue to monitor the operation of the agreement to ensure that it was being implemented in accordance with its terms.

Asplundh Tree Expert (Australia) 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