T & A Emmerton Pty Ltd as Trustee for the T & A Emmerton Family Trust
[2025] FWCA 1533
•7 MAY 2025
| [2025] FWCA 1533 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
T & A Emmerton Pty Ltd as Trustee for the T & A Emmerton Family Trust
(AG2025/1036)
T&A EMMERTON PTY LTD ENTERPRISE AGREEMENT 2025
| Gardening services | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 7 MAY 2025 |
Application for approval of the T & A Emmerton Pty Ltd Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the
T & A Emmerton Pty Ltd Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by T&A Emmerton Pty Ltd as Trustee for the T&A Emmerton Family Trust (Employer). The Agreement is a single enterprise agreement.
As there were no employee bargaining representatives in relation to this Agreement, the Employer was directed to provide to the employees proposed to be covered by the Agreement a copy of, or ready access to a copy of, the email correspondence passing between the Employer’s representative and the Commission regarding the Agreement, and advice that the employees may provide responsive views regarding the Agreement approval application directly to the Commission by emailing Chambers by 4:00pm on 5 May 2025. The Employer confirmed that it complied with the Commission’s direction by the compliance deadline. No responsive views by the employees were received by the Commission.
I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
The Agreement does not contain a flexibility term compliant with the Act. Employees were asked to vote to approve the Agreement on 2 April 2025. Accordingly, pursuant to
s 202(4) and clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 14 May 2025. The nominal expiry date of the Agreement is 7 May 2029.
DEPUTY PRESIDENT
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