DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Plateau Tree Service Pty Ltd
(AG2014/10230)

PLATEAU TREE SERVICE ENTERPRISE AGREEMENT 2014

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 16 JANUARY 2015

Application for approval of the Plateau Tree Service Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Plateau Tree Service Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Plateau Tree Service Pty Ltd. It 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2015. The nominal expiry date of the Agreement is 16 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

Plateau Tree Service Pty Ltd recently faced an application before the Fair Work Commission for the approval of the Plateau Tree Service Enterprise Agreement 2014. The applicant, Plateau Tree Service Pty Ltd, sought the Commission's approval of the agreement, which had been negotiated with its employees. The dispute centred on the terms of the agreement, specifically whether it complied with the requirements set out in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act. This included an examination of whether the agreement contained the minimum terms and conditions mandated by the Act, and whether it had been negotiated in good faith. Additionally, the Commission considered whether the agreement adhered to the relevant provisions of the National Employment Standards.

In delivering its decision, the Fair Work Commission found that the Plateau Tree Service Enterprise Agreement 2014 met all the statutory requirements for approval. The Commission noted that the agreement included the necessary minimum terms and conditions and was the product of good faith bargaining. The Commission also determined that the agreement did not contravene any provisions of the National Employment Standards. As a result, the Plateau Tree Service Enterprise Agreement 2014 was approved.

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