Plateau Tree Services Pty Limited

[2019] FWCA 7133

[2019] FWCA 7133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Plateau Tree Services Pty Limited
(AG2019/2834)

PLATEAU TREE SERVICE ENTERPRISE AGREEMENT 2019

Gardening services
DEPUTY PRESIDENT BULL	SYDNEY, 16 OCTOBER 2019

Application for approval of the Plateau Tree Service Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Plateau Tree Services Pty Limited (the applicant), for the approval of an enterprise agreement known as the Plateau Tree Service Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant provided various undertakings, including replacement clauses. Given the number of undertakings provided, the employer was requested to advise how the undertakings do not result in substantial changes to the Agreement as per s.190(3)(b) of the Act.

[3] The employer in response submitted that the undertakings provided cover a small number of issues, being the Better off Overall Test (BOOT), personal leave, and entitlements regarding termination. The undertakings have been provided separately with respect to these issues to ensure clarity and transparency, and the undertakings do not make substantial changes to the Agreement.

[4] A copy of the undertakings is attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act 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. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[5] Subject to the undertakings and the considerations referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The employee bargaining representatives’ views were sought regarding the undertakings provided by the applicant; however no views were received by the Commission.

[6] 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. A copy of the model consultation term is attached at the end of the Agreement.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model flexibility term is attached at the end of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval of the Agreement.

DEPUTY PRESIDENT

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