Plateau Tree Service Pty Ltd. T/A Plateau Tree Service Pty Ltd.

[2024] FWCA 3419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Plateau Tree Service Pty Ltd. T/A Plateau Tree Service Pty Ltd.

(AG2024/2925)

PLATEAU TREE SERVICE ENTERPRISE AGREEMENT 2024 - 2028

Gardening services
DEPUTY PRESIDENT SLEVIN	SYDNEY, 30 SEPTEMBER 2024

Application for approval of the Plateau Tree Service Enterprise Agreement 2024 - 2028

An application has been made by Plateau Tree Service Pty Ltd. for approval of an enterprise agreement known as the Plateau Tree Service Enterprise Agreement 2024 - 2028. The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings, I am satisfied that each requirement of ss186, and 187 as are relevant to this application for approval have been met.

The Agreement was approved on 30 September 2024 and, in accordance with s.54, will operate from 7 October 2024. The nominal expiry date of the Agreement at clause 3.4.1 is 30 September 2028

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

Plateau Tree Service Pty Ltd. T/A Plateau Tree Service Pty Ltd. recently appeared before the Fair Work Commission seeking approval of the Plateau Tree Service Enterprise Agreement 2024 - 2028. The dispute centred on the terms of the proposed agreement which was to cover employees engaged in tree pruning, maintenance, and removal services across multiple states in Australia.

The primary legal issue before the court was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided adequate protections and benefits for employees, complied with relevant industrial instruments, and adhered to the principles of good faith bargaining. Additionally, the court examined whether the agreement was made in a manner that ensured transparency and fairness.

In delivering its decision, the Fair Work Commission found that the agreement was made in good faith and provided fair and reasonable terms for the employees. The court noted that the agreement adequately covered key areas such as wages, hours of work, leave provisions, and dispute resolution mechanisms. Importantly, the Commission found that the agreement provided for an appropriate balance of rights and obligations between the employer and employees. Consequently, the Fair Work Commission approved the Plateau Tree Service Enterprise Agreement 2024 - 2028, deeming it to be compliant with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established