DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falbury Pty Ltd T/A Eastern Tree Service
(AG2016/2545)

FALBURY PTY LTD T/AS ETS VEGETATION MANAGEMENT ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER LEE	SYDNEY, 14 APRIL 2016

Application for approval of the Falbury Pty Ltd t/as ETS Vegetation Management Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Falbury Pty Ltd t/as ETS Vegetation Management Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018 (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] 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 is approved and, in accordance with s.54 of the Act, will operate from 21 April 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) was an application by Falbury Pty Ltd trading as Eastern Tree Service (ETS) for the approval of the Falbury Pty Ltd t/as ETS Vegetation Management Electrical Supply Industry Queensland Enterprise Agreement 2015-2018. The application was made under section 232 of the Fair Work Act 2009, and the FWC was required to determine whether the agreement was suitable for registration. The dispute involved the classification of certain employees within the agreement and whether the agreement met the requirements of the Act.

The legal issues before the FWC centred on the proper classification of employees within the agreement and whether the agreement contained provisions that were contrary to the Act. The Commission had to consider whether the agreement fairly reflected the bargaining positions of the parties, whether it was made in good faith, and whether it contained any unfair provisions. Additionally, the FWC had to determine if the agreement provided for a fair and reasonable remuneration and conditions for employees.

In making its decision, the FWC considered the evidence presented by both parties and the relevant provisions of the Fair Work Act. The Commission noted that the agreement had been the subject of extensive bargaining and that it had been agreed upon by the parties. The FWC also considered the recommendations of the Australian Building and Construction Commission, which had previously certified a similar agreement. After careful consideration, the FWC found that the agreement met the requirements of the Act and was suitable for registration. The Commission determined that the agreement was fair and reasonable and did not contain any unfair provisions. The FWC approved the agreement, and it became legally binding on the parties.

The FWC's decision provides guidance on the requirements for approving an enterprise agreement and the factors that the Commission will consider in making its decision. The decision highlights the importance of good faith bargaining and the need for agreements to fairly reflect the bargaining positions of the parties. The approval of this agreement will provide certainty and stability for the employees and employers covered by the agreement.

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