Eastern Tree Service Summary

[2013] FWCA 8581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Tree Service
(AG2013/9454)

EASTERN TREE SERVICE ENTERPRISE AGREEMENT (TASMANIA) 2012-2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 30 OCTOBER 2013

Application for approval of the Eastern Tree Service Enterprise Agreement (Tasmania) 2012-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Eastern Tree Service Enterprise Agreement (Tasmania) 2012-2015 (the Agreement). The application was made by the Eastern Tree Service pursuant to section 185 of the Fair Work Act 2009 (the Act).

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

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 6 November 2013. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved an application for approval of the Eastern Tree Service Enterprise Agreement (Tasmania) 2012-2015. The applicant, Eastern Tree Service, sought approval of the agreement which outlined the terms and conditions of employment for its employees in Tasmania over the specified period. The application was contested by the Australian Council of Trade Unions and other union representatives who raised concerns about the fairness and adequacy of the proposed agreement.

The primary legal issue before the court was whether the proposed enterprise agreement was fair and appropriate, in line with the criteria set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for the best interests of the employees and if it was free from any coercion, duress, or unfair pressure. The court also considered if the agreement contained all the necessary provisions and if it complied with the relevant laws and regulations.

After reviewing the evidence and submissions from both parties, the court found that the proposed agreement was fair and appropriate. The court noted that the agreement contained all the necessary provisions and was in line with the best interests of the employees. The court also found that the agreement was free from any coercion, duress, or unfair pressure, and that the parties had genuinely negotiated the agreement. The court was satisfied that the agreement complied with the relevant laws and regulations, and approved the application for the agreement to be registered.

The court's decision resulted in the registration of the Eastern Tree Service Enterprise Agreement (Tasmania) 2012-2015, which now serves as the governing agreement for the employment terms and conditions of the employees of Eastern Tree Service in Tasmania. This outcome ensures that the employees are protected by the agreement and that their rights and obligations are clearly defined.

Eastern Tree Service

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established