DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asplundh Tree Experts (Australia) Pty Ltd
(AG2017/2820)

ASPLUNDH TREE EXPERT (AUSTRALIA) PTY LIMITED - NSW ENTERPRISE AGREEMENT 2016-2019

Electrical contracting industry
COMMISSIONER SAUNDERS	NEWCASTLE, 24 OCTOBER 2017

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

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

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Asplundh Tree Experts (Australia) Pty Ltd, the applicant sought approval of the NSW Enterprise Agreement 2016 - 2019. The application was made to the Fair Work Commission (FWC) to ensure the agreement met the necessary legal standards and was in the best interest of the employees covered by the agreement. The Fair Work Act 2009 and the Fair Work Regulations 2009 provided the framework for the FWC’s consideration of the application.

The primary legal issues before the FWC involved whether the agreement was a genuine enterprise agreement, whether it complied with the statutory requirements set out in the Fair Work Act 2009, and whether it was made in good faith. The applicant had to demonstrate that the agreement was appropriately negotiated and was in the best interest of the employees. The FWC also had to consider if the agreement addressed key terms and conditions of employment, including wages, hours of work, and other employment terms, in a manner that was fair and reasonable.

The FWC found that the applicant had satisfied the requirements for approval of the agreement. The Commission determined that the agreement was genuinely negotiated, and it met the statutory criteria under the Fair Work Act 2009. The FWC concluded that the agreement was made in good faith and provided for terms and conditions of employment that were fair and reasonable. The Commission noted that the agreement included provisions that addressed the interests of both the employer and the employees, and it considered the broader economic and social context of the agreement.

The final orders of the FWC were to approve the Asplundh Tree Experts (Australia) Pty Ltd - NSW Enterprise Agreement 2016 - 2019, effective from the date of the decision. The FWC’s approval signified that the agreement was legally binding on the parties and would govern the employment conditions for the specified period.

Asplundh Tree Experts (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established