DECISION

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

Falbury Pty Ltd T/A ETS Vegetation Management
(AG2018/6918)

FALBURY PTY LTD T/AS ETS VEGETATION MANGEMENT ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2018-2021

Agricultural industry
COMMISSIONER RIORDAN	SYDNEY, 13 MARCH 2019

Application for approval of the Falbury Pty Ltd t/as ETS Vegetation Management Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021.

[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 2018 - 2021 (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 trading as ETS Vegetation Management. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Falbury Pty Ltd, trading as ETS Vegetation Management, applied for approval of the Falbury Pty Ltd t/as ETS Vegetation Management Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021, which was lodged with the Fair Work Commission. The application was opposed by the Electrical Trade Union of Australia (Qld Division) (the Respondent) on the basis that the agreement was not in the best interests of the employees. The Fair Work Commission was required to consider whether the agreement was in the best interests of the employees, taking into account a number of factors.

The Commission found that the application for approval was in the best interests of the employees. The Commission found that the agreement provided for a range of benefits, including an increase in wages and conditions over the period of the agreement, as well as the introduction of a new role of Vegetation Management Supervisor. The Commission also found that the agreement provided for the establishment of a joint Health and Safety Committee, which would provide for improved communication and consultation between the employer and employees on health and safety issues. The Commission found that the overall package of benefits provided by the agreement was in the best interests of the employees.

The application for approval of the Falbury Pty Ltd t/as ETS Vegetation Management Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021 was approved.

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