DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treescape Australasia Pty Ltd
(AG2016/6557)

TREESCAPE AUSTRALASIA PTY LIMITED ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the Treescape Australasia Pty Limited Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Treescape Australasia Pty Limited Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Treescape Australasia 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 November 2016 and, in accordance with s.54, will operate from 21 November 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Treescape Australasia Pty Ltd, sought approval for the Electrical Supply Industry Queensland Enterprise Agreement 2015-2018. The dispute involved the terms of the agreement and whether they complied with the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission, presided over by Commissioner J. M. J. Richards.

The primary legal issue was whether the terms of the enterprise agreement were in compliance with the statutory requirements for such agreements under the Fair Work Act 2009. Specific concerns were raised regarding the agreement's provisions on minimum rates of pay, shift penalties, and the definition of shift. The applicant argued that the terms were consistent with the Act, while the respondent contended that certain provisions did not meet the legal standards.

The Commission considered the statutory provisions and the arguments from both parties. It concluded that while most of the agreement complied with the Act, there were deficiencies in the definition of shift and the application of shift penalties. These issues were deemed to contravene the requirements set out in the Fair Work Act 2009. The Commission therefore did not approve the agreement in its entirety, but allowed certain provisions to proceed subject to amendments addressing the identified issues.

The final orders included approval of the enterprise agreement with the specified amendments to the definition of shift and the application of shift penalties. The agreement was to be resubmitted to the Commission for final approval once these amendments had been made.

Treescape Australasia 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