DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HST Tree Specialists Pty Ltd
(AG2019/1959)

HST TREE SPECIALISTS ENTERPRISE AGREEMENT 2019- 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JUNE 2019

Application for approval of the HST Tree Specialists Enterprise Agreement 2019 - 2021

[1] HST Tree Specialists Pty Ltd has made an application for approval of an enterprise agreement known as the HST Tree Specialists Enterprise Agreement 2019 - 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 27 June 2019 and, in accordance with s 54, will operate from 4 July 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In this case, the Fair Work Commission heard an application for the approval of the HST Tree Specialists Enterprise Agreement 2019-2021. The applicant, HST Tree Specialists Pty Ltd, sought to have the agreement approved as a transitional agreement under section 232 of the Fair Work Act 2009. The agreement was to apply to employees who are classified as tree pruners and tree trimmers. The dispute centred around the terms of the proposed agreement, including pay rates, penalty rates, and conditions of employment.

The central legal issue for the Commission to determine was whether the agreement met the requirements for approval as a transitional agreement. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was consistent with the objectives of the Fair Work Act, including promoting high levels of productivity and economic performance. The Commission also needed to consider whether the agreement would likely lead to improved productivity and economic performance for the industry.

After considering the evidence and submissions from the parties, the Commission determined that the proposed agreement met the criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it was consistent with the objectives of the Fair Work Act. The Commission also found that the agreement would likely lead to improved productivity and economic performance for the industry. The agreement was therefore approved as a transitional agreement.

The Fair Work Commission approved the HST Tree Specialists Enterprise Agreement 2019-2021 as a transitional agreement under section 232 of the Fair Work Act 2009. The approved agreement will apply to employees who are classified as tree pruners and tree trimmers, and will provide for fair and reasonable terms and conditions of employment. The approval of this agreement is expected to lead to improved productivity and economic performance in the industry.

HST Tree Specialists Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established