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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Treescape Australasia Pty Ltd, trading as Treescape, applied for the approval of the Electrical Supply Industry Queensland Enterprise Agreement 2018-2021. The dispute arose due to objections from the Electrical Trades Union of Australia, which was concerned about the terms of the proposed agreement. The case was heard in the Fair Work Commission of Australia. The central legal issues revolved around whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for the fair and reasonable remuneration and conditions for the employees covered by the agreement.

The Fair Work Commission examined the provisions of the proposed agreement and the objections raised by the union. It considered whether the agreement provided for a safety net of minimum rates of pay and conditions, and whether it complied with the process for making an enterprise agreement as outlined in the Act. The Commission also assessed whether the agreement contained any provisions that were contrary to public policy or that failed to meet the good faith bargaining requirements.

After thorough consideration, the Fair Work Commission found that the proposed agreement met the necessary criteria under the Fair Work Act. The Commission determined that the agreement provided for a safety net of minimum rates of pay and conditions, and that it was made in good faith. The objections raised by the union were not substantiated, and the Commission approved the agreement. The decision was made in the interest of ensuring fair and reasonable terms for the employees while also recognising the need for a viable business agreement.

The final orders of the Fair Work Commission approved the Electrical Supply Industry Queensland Enterprise Agreement 2018-2021, as proposed by Treescape Australasia Pty Ltd, effective from the date of the decision. The agreement was to be registered and binding on all parties covered by it, including the employer and the employees represented by the Electrical Trades Union of Australia.

Treescape Australasia Pty Ltd T/A Treescape

DECISION

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Background to the litigation

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Legal Principle Established