DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falbury Pty Ltd T/A Eastern Tree Service
(AG2016/2032)

EASTERN TREE SERVICE WEST GIPPSLAND PIPELINE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2016

Application for approval of the Eastern Tree Service West Gippsland Pipeline Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Eastern Tree Service West Gippsland Pipeline Agreement 2015 (Agreement). The application was made by Falbury Pty Ltd T/A Eastern Tree Service pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2016. The nominal expiry date of the Agreement is 28 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

Falbury Pty Ltd T/A Eastern Tree Service applied to the Federal Court of Australia for the approval of the Eastern Tree Service West Gippsland Pipeline Agreement 2015. The application arose from the need to approve the agreement between the company and the Australian Pipelines Limited (APL) for the maintenance of trees along the pipeline corridor in West Gippsland, Victoria. The legal issues before the court centred on whether the agreement was in the public interest and complied with the applicable legislation and regulatory requirements.

The court examined the agreement to ensure it met the standards set by the relevant legislation and the National Electricity Code. The agreement was scrutinised to confirm it provided for the necessary maintenance activities, ensured the safety and reliability of the pipeline, and balanced the rights of the company and the public interest. The court also considered the environmental impact and the measures proposed to mitigate any adverse effects on the natural surroundings. After careful consideration, the court found that the agreement was comprehensive and adequately addressed all the necessary aspects, thereby being in the public interest.

The court approved the Eastern Tree Service West Gippsland Pipeline Agreement 2015, emphasising the importance of maintaining the balance between the operational needs of the pipeline and the preservation of the natural environment. The decision highlighted the court's role in ensuring that such agreements serve the public interest while allowing for the efficient operation of critical infrastructure. The court's approval of the agreement was based on its conclusion that it met all the statutory requirements and adequately safeguarded the public interest.

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