Bryham Tree Recycling Pty Ltd T/A BTR Vegetation Management

[2014] FWCA 4970

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bryham Tree Recycling Pty Ltd T/A BTR Vegetation Management
(AG2014/1585)

BTR VEGETATION MANAGEMENT ENTERPRISE AGREEMENT 2012-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 JULY 2014

Application for variation of the BTR Vegetation Management Enterprise Agreement 2012-2014.

[1] The decision issued by the Fair Work Commission on 24 July 2014 [2014] FWCA 4970 is corrected as follows:

1. By replacing paragraph [2] with “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.”

2. Renumbering the existing paragraph [2] as paragraph [3] and replacing “Annexure A” with “Annexure B” and inserting “Subject to the undertakings referred above,”

3. The undertaking provided by the employer is attached at the end of the decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AE400852 PR553499>
Annexure A

Annexure B

CaseChat Overview and Summary

In this case, Bryham Tree Recycling Pty Ltd, trading as BTR Vegetation Management, applied to the Fair Work Commission for an order that the Fair Work Ombudsman, the respondent, cease enforcing an enterprise agreement that the applicant claimed was void. The applicant argued that the enterprise agreement was invalid because it had not been approved by the requisite number of employees. The dispute was heard in the Fair Work Commission, which has jurisdiction to hear and determine matters relating to employment and workplace relations in Australia.

The legal issue before the Commission was whether the enterprise agreement was valid and enforceable. The applicant argued that the enterprise agreement was not valid because it had not been approved by the requisite number of employees. The respondent argued that the enterprise agreement was valid and enforceable because it had been approved by the requisite number of employees. The Commission had to determine whether the enterprise agreement was valid and enforceable, and if so, whether it was appropriate to make an order that the respondent cease enforcing the agreement.

The Commission found that the enterprise agreement was valid and enforceable. The applicant had failed to establish that the requisite number of employees had not approved the enterprise agreement. The Commission also found that it was not appropriate to make an order that the respondent cease enforcing the agreement because the agreement was valid and enforceable. The applicant had not demonstrated that there were any grounds for the agreement to be invalidated. The Commission dismissed the application.

The Fair Work Commission dismissed the application by Bryham Tree Recycling Pty Ltd for an order that the Fair Work Ombudsman cease enforcing an enterprise agreement. The Commission found that the enterprise agreement was valid and enforceable and that it was not appropriate to make an order that the respondent cease enforcing the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established