Asplundh Tree Expert (Australia) Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Asplundh Tree Expert (Australia) Pty Ltd, who sought approval of the NSW Enterprise Agreement 2013 - 2016. The application was made under section 231 of the Fair Work Act 2009, which governs the process for approving enterprise agreements. The Commission was tasked with determining whether the agreement met the statutory requirements for registration and if it was in the interests of the employees covered by the agreement.

The legal issues before the Commission centred on whether the agreement complied with the various statutory criteria for approval, including provisions concerning the bargaining process, the content of the agreement, and its compliance with the provisions of the Fair Work Act. The Commission had to ensure that the agreement was made in good faith, that it was not discriminatory, and that it was not contrary to public policy. Additionally, the Commission had to consider whether the agreement provided a safety net for employees and whether it met the "better off overall test" (BOOT), ensuring that employees were not worse off under the agreement than they would be under the relevant industrial instrument.

In delivering its decision, the Commission found that the agreement was made in good faith and that the bargaining process complied with the necessary statutory requirements. The Commission also determined that the agreement was not discriminatory and did not contravene any public policy. Furthermore, the Commission was satisfied that the agreement provided a safety net for employees and met the BOOT. Based on these findings, the Commission approved the application and registered the Asplundh Tree Expert (Australia) Pty Ltd - NSW Enterprise Agreement 2013 - 2016 under section 231 of the Fair Work Act 2009. The agreement is now legally binding on the parties involved and will govern the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established