Asplundh Tree Expert (Australia) Pty Ltd

[2014] FWCA 1593

[2014] FWCA 1593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asplundh Tree Expert (Australia) Pty Ltd
(AG2014/3785)

ASPLUNDH TREE EXPERT (AUSTRALIA) PTY LTD - NSW ENTERPRISE AGREEMENT 2013 - 2016

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 7 MARCH 2014

Application for approval of the Asplundh Tree Expert (Australia) Pty Ltd - NSW Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Asplundh Tree Expert (Australia) Pty Ltd - NSW Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 14 March 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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