DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falbury Pty Ltd T/A ETS Vegetation Management
(AG2015/7396)

EASTERN TREE SERVICE ENTERPRISE AGREEMENT (TASMANIA) 2015-2016

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 9 DECEMBER 2015

Application for approval of the Eastern Tree Service Enterprise Agreement (Tasmania) 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Tree Service Enterprise Agreement (Tasmania) 2015-2016 (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 T/A 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] 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2015. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Falbury Pty Ltd, trading as ETS Vegetation Management, sought approval for the Eastern Tree Service Enterprise Agreement (Tasmania) 2015-2016, which was to apply to its employees in Tasmania. The application was made under the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements of the Act and the Fair Work (Registered Organisations) Act 2009. The Fair Work Commission was the court in this matter, specifically a panel consisting of S.J. Griffin, E.R. Thomas, and L.D. White.

The legal issues that the Commission had to address were whether the agreement was a genuine enterprise agreement and whether it contained all the necessary minimum terms and conditions as prescribed by the Act. Furthermore, the Commission needed to consider whether the agreement was consistent with the provisions of the Fair Work (Registered Organisations) Act 2009 and whether it had been certified by a certified agreement. The Commission also had to examine the process through which the agreement was made and whether it was done fairly and in good faith.

The Commission determined that the agreement was a genuine enterprise agreement that contained all the necessary minimum terms and conditions as required by the Fair Work Act 2009. The Commission found that the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and had been certified by a certified agreement. The Commission also concluded that the agreement was made in good faith and that the process through which it was made was fair. As a result, the Commission approved the Eastern Tree Service Enterprise Agreement (Tasmania) 2015-2016.

The Fair Work Commission approved the Eastern Tree Service Enterprise Agreement (Tasmania) 2015-2016, and it came into effect on the 1st of July 2015. The Commission's decision provides guidance to employers and employees on the requirements for a genuine enterprise agreement and the importance of ensuring that the agreement is made in good faith and through a fair process.

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