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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Falbury Pty Ltd, trading as Eastern Tree Service, sought approval for their enterprise agreement from 2019 to 2020. The application was made to the Fair Work Commission, which had to determine whether the agreement complied with the Fair Work Act 2009. The dispute involved the application of various provisions within the Act, focusing on whether the agreement met the legal criteria for approval, including its compliance with minimum entitlements and the process by which it was made.

The legal issues before the Commission were centred on the interpretation and application of sections of the Fair Work Act, specifically whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in accordance with the procedural requirements of the Act. The Commission also needed to consider if the agreement provided for the minimum entitlements as required by the Act, and whether the agreement was genuinely negotiated between the employer and the employees.

In reaching its decision, the Commission carefully examined the terms of the agreement and the process through which it was negotiated. It assessed whether the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the industry and the bargaining positions of the parties. The Commission also evaluated whether the agreement complied with the minimum entitlements, ensuring that it met the standards set out in the Act. Furthermore, the Commission considered the evidence presented on the negotiation process to determine if it was genuinely negotiated, as required by the legislation. After thorough analysis, the Commission found that the agreement met the legal requirements and was therefore approved.

The Fair Work Commission approved the Eastern Tree Service - NSW Enterprise Agreement 2019 to 2020, determining that it complied with the Fair Work Act 2009. The decision was based on the agreement providing fair and reasonable terms and conditions, meeting the minimum entitlements, and being genuinely negotiated between the employer and employees. This outcome ensures that the agreement is legally binding and can be implemented within the company.

Falbury Pty Ltd T/A ETS Vegetation Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established