DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tree Synergy Pty Ltd T/A Bellarine Tree Services TreeScene
(AG2020/6)

TREE SYNERGY ENTERPRISE AGREEMENT 2019-2023

Miscellaneous
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the Tree Synergy Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Tree Synergy Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tree Synergy Pty Ltd T/A Bellarine Tree Services TreeScene. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 is approved and, in accordance with s.54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tree Synergy Pty Ltd, trading as Bellarine Tree Services TreeScene, applied for the approval of the Tree Synergy Enterprise Agreement 2019 - 2023. The application was made under section 232 of the Fair Work Act 2009. The applicant is an employer and the respondent is an incorporated association representing employees of the applicant.

The primary legal issues before the Commission were whether the agreement complied with the relevant statutory requirements and whether it met the 'better off overall test' (BOOT). The Commission needed to determine if the agreement provided employees with a direct or indirect financial benefit that was sufficiently advantageous to meet the BOOT and if it adhered to the procedural requirements of the Act.

The Commission found that the agreement was procedurally valid and met the BOOT. The employees' union had withdrawn its initial objections, and the Commission concluded that the agreement provided a reasonable balance of benefits and detriments, with overall financial benefits for the employees. The Commission also considered the nature of the industry and the specific circumstances of the employees, concluding that the agreement was fair and reasonable.

The Commission approved the Tree Synergy Enterprise Agreement 2019 - 2023, with the approval taking effect from the date of the Commission's decision. The agreement will now apply to the employees of Tree Synergy Pty Ltd, trading as Bellarine Tree Services TreeScene, for the specified period.

Tree Synergy Pty Ltd T/A Bellarine Tree Services TreeScene

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established