Eastern Tree Service

[2014] FWCA 7755

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Tree Service
(AG2014/8722)

EASTERN TREE SERVICE VEGETATION ENTERPRISE AGREEMENT 2014-2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 30 OCTOBER 2014

Application for approval of the Eastern Tree Service Vegetation Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Tree Service Vegetation Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Tree Service. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 October 2014 and, in accordance with s.54, will operate from 6 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Eastern Tree Service Vegetation Enterprise Agreement 2014-2017 was the subject of an application for approval by the respondent, the Fair Work Commission. The applicant, Eastern Tree Service, sought to have the agreement approved to govern the employment terms and conditions of its employees. The dispute arose from concerns regarding the fairness and appropriateness of the agreement, particularly in relation to certain clauses that affected employee entitlements.

The central legal issue before the Commission was whether the agreement was in accordance with the Fair Work Act 2009, specifically whether it met the requirements of being a "better off overall test" (BOOT) agreement. This meant that the Commission had to determine if the agreement provided employees with no less than the applicable award or registered agreement and offered some form of improvement. Additionally, the Commission examined whether the agreement was made in good faith and whether it complied with other relevant provisions of the Fair Work Act.

The Commission found that the agreement met the BOOT requirement as employees were better off overall, receiving additional benefits and protections compared to their previous entitlements. The Commission also concluded that the agreement was made in good faith and complied with all relevant provisions of the Fair Work Act. Consequently, the Commission approved the agreement, finding it to be fair and appropriate for the employees of Eastern Tree Service.

The Fair Work Commission approved the Eastern Tree Service Vegetation Enterprise Agreement 2014-2017, acknowledging its compliance with the Fair Work Act and its provision of benefits to employees. This decision ensures that the agreement governs the employment terms and conditions of Eastern Tree Service's employees, offering them improved entitlements and protections.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established