ETS Infrastructure Management Pty Ltd T/A ETS Vegetation Management Summary

[2023] FWCA 63

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ETS Infrastructure Management Pty Ltd T/A ETS Vegetation Management

(AG2022/5404)

ETS INFRASTRUCTURE MANAGEMENT PTY LTD T/A ETS VEGETATION MANAGEMENT

Enterprise Agreement (Tasmania) 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 11 JANUARY 2023

Application for approval of the ETS Infrastructure Management Pty Ltd T/A ETS Vegetation Management Enterprise Agreement (Tasmania) 2022-2025

ETS Infrastructure Management Pty Ltd T/A ETS Vegetation Management (the Applicant) has made an application for the approval of an enterprise agreement known as the ETS Infrastructure Management Pty Ltd T/A ETS Vegetation Management Enterprise Agreement (Tasmania) 2022-2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 11 January 2023 and, in accordance with s 54, will operate from 18 January 2023. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, ETS Infrastructure Management Pty Ltd, trading as ETS Vegetation Management, applied for the approval of the ETS Infrastructure Management Pty Ltd T/A ETS Vegetation Management Enterprise Agreement (Tasmania) 2022-2025. The applicant sought to have this enterprise agreement approved under the Fair Work Act 2009. The application was made in accordance with the provisions of section 233 of the Act.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement had been made in good faith and whether it contained all the mandatory terms and conditions as required by the Act. The Commission also needed to consider whether the agreement was likely to have a positive effect on productivity, sustainability, or efficiency in the workplace.

The Commission found that the enterprise agreement had been made in good faith and contained all the necessary mandatory terms and conditions. The agreement addressed various aspects of employment, including wages, hours of work, leave provisions, and dispute resolution mechanisms. The Commission also concluded that the agreement would likely have a positive effect on productivity, sustainability, and efficiency in the workplace, as it included provisions for performance management, training, and development opportunities for employees.

Accordingly, the Commission approved the ETS Infrastructure Management Pty Ltd T/A ETS Vegetation Management Enterprise Agreement (Tasmania) 2022-2025 under section 233 of the Fair Work Act 2009. The agreement is now legally binding on the parties and will govern the employment conditions of the relevant employees for the specified period.

ETS Infrastructure Management Pty Ltd T/A ETS Vegetation Management

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established