Asplundh Tree Expert (Australia) Pty Ltd

[2021] FWCA 4848

[2021] FWCA 4848

FAIR WORK COMMISSION

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

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<AE512653  PR732593>

Annexure A