Asplundh Tree Expert (Australia) Pty Ltd

[2020] FWCA 4332

[2020] FWCA 4332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Asplundh Tree Expert (Australia) Pty Ltd
(AG2020/2160)

ASPLUNDH TREE EXPERT (AUSTRALIA) PTY LIMITED- NSW ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 17 AUGUST 2020

Application for approval of the Asplundh Tree Expert (Australia) Pty Limited- NSW Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Asplundh Tree Expert (Australia) Pty Limited - NSW Enterprise Agreement 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 Asplundh Tree Expert (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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. 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.

[4] 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.

[5] I observe that clause 2.5.3 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.9 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 Agreement was approved on 17 August 2020 and, in accordance with s.54, will operate from 24 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508759  PR721898>

Annexure A: