DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falbury Pty Ltd T/A Eastern Tree Service
(AG2016/7983)

EASTERN TREE SERVICE - NSW ENTERPRISE AGREEMENT 2016 - 2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 28 APRIL 2017

Application for approval of the Eastern Tree Service - NSW Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Tree Service - 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 Falbury Pty Ltd T/A Eastern Tree Service. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Falbury Pty Ltd trading as Eastern Tree Service, sought approval of an enterprise agreement under the Fair Work Act 2009. The respondents, the Electrical Trades Union of Australia and the Building and Construction Trades Employees’ Union of NSW, opposed the application on the grounds that it did not meet the requirements of the Act. The matter was heard in the Fair Work Commission.

The central legal issue was whether the enterprise agreement met the statutory requirements for approval. This involved an examination of whether the agreement was made in good faith, whether it contained the mandated minimum terms and conditions, and if it was free from any improper influences. The applicants argued that the agreement was made in good faith and contained all the required minimum terms, while the respondents contended that certain provisions did not meet the standards set by the Act.

The Fair Work Commission found that the enterprise agreement did meet the requirements of the Act. It was concluded that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The Commission also determined that there were no improper influences that would invalidate the agreement. Consequently, the application for approval was successful.

The Fair Work Commission approved the Eastern Tree Service - NSW Enterprise Agreement 2016-2019. The agreement was to be registered and would apply to the employees of Eastern Tree Service from the date of the decision. The respondents' objections were dismissed.

Falbury Pty Ltd T/A Eastern Tree Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established