Falbury Pty Ltd T/A Eastern Tree Service

[2014] FWCA 457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Falbury Pty Ltd T/A Eastern Tree Service
(AG2013/12018)

EASTERN TREE SERVICE - NSW ENTERPRISE AGREEMENT 2013 - 2016

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 JANUARY 2014

Application for approval of the Eastern Tree Service - NSW Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Tree Service - NSW Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 24 January 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Falbury Pty Ltd trading as Eastern Tree Service, sought approval of the NSW Enterprise Agreement 2013-2016 from the Fair Work Commission. The agreement, which had been negotiated between the applicant and the Australian Licensed Arborists Association, was being contested by the association on behalf of its members who were employees of the applicant. The dispute centred around the terms and conditions of employment, including wage rates, hours of work, and other employment conditions.

The primary legal issue before the court was whether the agreement met the requirements of the Fair Work Act 2009, specifically sections that pertain to the approval of enterprise agreements. The court had to consider whether the agreement provided for fair and reasonable terms and conditions, whether it was genuinely negotiated, and whether it complied with the process outlined in the Act. Additionally, the court needed to determine if the agreement contained provisions that were contrary to public policy or that failed to protect employees' rights.

The Fair Work Commission found that the agreement did meet the statutory requirements for approval. The court considered the evidence and submissions from both parties and concluded that the agreement was fairly negotiated and provided for fair and reasonable terms and conditions. The commission determined that the agreement was in the best interests of the employees and did not contravene any public policy considerations. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Eastern Tree Service NSW Enterprise Agreement 2013-2016, confirming its validity and enforceability. This decision ensures that the terms and conditions set out in the agreement are binding on the parties and that the employees are protected under the approved conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established