Treescape Australasia Pty Ltd T/A Treescape

[2019] FWCA 4348

[2019] FWCA 4348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treescape Australasia Pty Ltd T/A Treescape
(AG2019/1695)

TREESCAPE AUSTRALASIA PTY LIMITED ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2019

Application for approval of the Treescape Australasia Pty Limited Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021.

[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 2018 - 2021 (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 T/A Treescape. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that Clauses 6.6 and 6.7 are inconsistent with the National Employment Standards as they provide an employees’ personal leave entitlement in hours rather than days. Given the National Employment Standards precedence clause at clause 1.4 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] I note that employees were provided with the voting information on the 30 April 2019, and the vote was conducted 7 days later on the 7 May 2019, rather than 7 clear days as prescribed by the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

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