Falbury Pty Ltd T/A ETS Vegetation Management

[2019] FWCA 7750

[2019] FWCA 7750

FAIR WORK COMMISSION

DECISION

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

Falbury Pty Ltd T/A ETS Vegetation Management
(AG2019/3683)

EASTERN TREE SERVICE - NSW ENTERPRISE AGREEMENT 2019 - 2020

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 12 NOVEMBER 2019

Application for approval of the Eastern Tree Service - NSW Enterprise Agreement 2019 - 2020.

[1] An application has been filed by Falbury Pty Ltd T/A ETS Vegetation Management(the applicant) for the approval of an enterprise agreement known as the Eastern Tree Service - NSW Enterprise Agreement 2019 - 2020 (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 as per s.172(2) of the Act.

[2] Following issues being raised with the employer by the Commission, the employer provided undertakings regarding minimum engagement for casual employees, casual conversion and ordinary hours of work.

[3] A copy of the undertakings is attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal and Plumbing Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it and has expressed satisfaction with the undertakings. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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