DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asplundh Tree Expert (Australia) Pty Ltd T/A Asplundh Tree Experts Australia
(AG2016/4430)

ASPLUNDH TREE EXPERT (AUSTRALIA) PTY LTD – VIC ENTERPRISE AGREEMENT 2016 - 2019

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 SEPTEMBER 2016

Application for approval of the Asplundh Tree Expert (Australia) Pty Ltd - VIC Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Asplundh Tree Expert (Australia) Pty Ltd – VIC Enterprise Agreement 2016 - 2019 (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 (Aust) Pty Ltd T/A Asplundh Tree Experts Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings 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. 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 Agreement was approved on 2 September 2016 and, in accordance with s.54, will operate from 9 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Asplundh Tree Expert (Australia) Pty Ltd, trading as Asplundh Tree Experts Australia, applied for the approval of the Asplundh Tree Expert (Australia) Pty Ltd - VIC Enterprise Agreement 2016 - 2019. The applicant sought to have the agreement registered with the Fair Work Commission, which would make it a legally binding award. The application arose from negotiations between the employer and the employees' representative, the United Voice union.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions. The Commission also had to consider whether the agreement was fair and whether it complied with the process requirements stipulated in the Act.

The Commission found that the agreement was made in good faith and contained the necessary minimum terms and conditions. It was determined that the agreement was fair and met the process requirements of the Act. The Commission noted that the agreement provided for a range of protections for employees, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement was consistent with the principles of the Fair Work Act and did not contain any provisions that would undermine the protection of employees' rights.

The Fair Work Commission approved the Asplundh Tree Expert (Australia) Pty Ltd - VIC Enterprise Agreement 2016 - 2019. The agreement was registered as a certified agreement, which means that it has the force of an award and is binding on all parties. The approval of the agreement provides certainty and stability for both the employer and employees, and ensures that the terms and conditions of employment are fair and reasonable.

Asplundh Tree Expert (Australia) Pty Ltd T/A Asplundh Tree Experts Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established