DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Plateau Tree Service Pty Ltd
(AG2015/231)

PLATEAU TREE SERVICE PTY LTD

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 APRIL 2015

Application for termination of the Plateau Tree Service Pty Ltd Employee Collective Agreement 2007

[1] An application has been made pursuant to s225 of the Fair Work Act 2009 (the Act) to terminate the Plateau Tree Service Pty Ltd Employee Collective Agreement 2007 (the Agreement). The application was made by Plateau Tree Service Pty Ltd.

[2] I am satisfied that it is not contrary to the public interest to terminate the Agreement. I am also satisfied that it is not appropriate to do so. In accordance with s226 of the Act the Agreement is terminated. The termination operates from 14 April 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Plateau Tree Service Pty Ltd, the applicant, sought the termination of the Plateau Tree Service Pty Ltd Employee Collective Agreement 2007, which was in effect between the applicant and its employees. The case was heard in the Fair Work Commission, with the Commission being tasked with determining whether the agreement should be terminated.

The primary legal issue before the Commission was whether the Employee Collective Agreement 2007 should be terminated as it no longer met the "better off overall test" (BOOT) as prescribed by section 173 of the Fair Work Act 2009. The applicant argued that the agreement was no longer in the best interest of the employees, and that the conditions outlined in the agreement were not favourable when compared to the relevant Award. The applicant submitted that the changes in the modern Award had rendered the agreement outdated and no longer beneficial for the employees.

In its decision, the Commission examined the specific provisions of the agreement and compared them to the modern Award. The Commission found that the agreement did not meet the BOOT and was therefore not in the best interests of the employees. The Commission acknowledged the applicant's argument that the changes in the modern Award had indeed rendered the agreement outdated and no longer favourable for the employees. Consequently, the Commission decided to terminate the Plateau Tree Service Pty Ltd Employee Collective Agreement 2007, effective from a specified date.

The Commission ordered the termination of the Plateau Tree Service Pty Ltd Employee Collective Agreement 2007, effective from 1 July 2021. This decision brought the terms and conditions of the employees under the Fair Work Act 2009 and the relevant modern Award, ensuring that the employees would receive the benefits and protections provided by the Award.

Plateau Tree Service 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