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

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Plateau Tree Services Pty Limited applied for the approval of the Plateau Tree Service Enterprise Agreement 2019. The applicant, a tree service company, sought to have the agreement approved, which was negotiated between the company and a union representing its employees. The union contested the application, arguing that the agreement did not adequately protect employee entitlements and conditions.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for minimum entitlements and whether it was free from prohibited content. The Commission also considered whether the agreement was genuinely negotiated and whether it provided for proper dispute resolution mechanisms.

The Fair Work Commission found that the Plateau Tree Service Enterprise Agreement 2019 met the necessary criteria for approval. The Commission determined that the agreement provided for the minimum entitlements required by the Act, was free from prohibited content, and was genuinely negotiated. The Commission also noted that the agreement included appropriate dispute resolution processes. Consequently, the application for approval was successful.

The Fair Work Commission approved the Plateau Tree Service Enterprise Agreement 2019, effective from the date of the decision. The agreement is now legally binding between Plateau Tree Services Pty Limited and the union representing its employees, subject to the terms and conditions set out in the approved agreement.

Plateau Tree Services Pty Limited

DECISION

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Legal Principle Established