DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tobiah Tree Mulching Services Pty Ltd
(AG2016/5967)

TOBIAH TREE MULCHING SERVICES PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2016

Application for approval of the Tobiah Tree Mulching Services Pty Ltd Employee Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tobiah Tree Mulching Services Pty Ltd Employee Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tobiah Tree Mulching Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings 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.

[4] The Agreement was approved on 26 October 2016 and, in accordance with s.54, will operate from 2 November 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Tobiah Tree Mulching Services Pty Ltd has applied for approval of their Employee Collective Agreement 2016. The Fair Work Commission heard the application to determine if the agreement complies with the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the necessary criteria for approval, including if it was made in good faith and provided for the appropriate matters. The Commission needed to consider the fairness of the agreement, including the balance of rights and obligations, and whether it promoted streamlined, efficient and productive workplace relations.

The Commission examined the terms of the agreement, the bargaining process, and the context in which the agreement was made. The Commission found that the agreement was made in good faith and that it contained provisions for all the required matters under the Fair Work Act. The Commission considered the balance of rights and obligations in the agreement and determined that it was not overly favourable to either party. The Commission was satisfied that the agreement promoted streamlined, efficient and productive workplace relations.

The Fair Work Commission approved the Tobiah Tree Mulching Services Pty Ltd Employee Collective Agreement 2016. The Commission found that the agreement met the requirements of the Fair Work Act and was made in good faith. The Commission considered the agreement to be fair and balanced, promoting streamlined, efficient and productive workplace relations. The agreement will now be registered and will apply to the employees covered by it.

Tobiah Tree Mulching Services 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