DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treescape Australasia Pty Ltd T/A Treescape
(AG2021/6482)

TREESCAPE AUSTRALASIA PTY LIMITED ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2021 - 2024

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 AUGUST 2021

Application for approval of the Treescape Australasia Pty Limited Electrical Supply Industry Queensland Enterprise Agreement 2021-2024.

[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 2021-2024 (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] Question 20 on the Form F17 indicates that from 19 – 20 July 2021 Employees were provided with details of vote, with the vote taking place on the 22 July 2021. The vote took place during the access period and not after 7 clear days as required by s.180(3) of 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 purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] I note several clauses may be inconsistent with the National Employment Standards. 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.

[5] The Electrical, Energy and Services Division, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2021. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Treescape Australasia Pty Ltd, trading as Treescape, applied to the Fair Work Commission for approval of the Electrical Supply Industry Queensland Enterprise Agreement 2021-2024. The application was opposed by the Electrical Trades Union of Australia, which argued that the proposed agreement did not comply with various statutory requirements under the Fair Work Act 2009. The matter was heard by the Commission in Melbourne, presided over by Commissioner D.L. Parker.

The legal issues before the Commission centred on whether the proposed agreement met the statutory criteria for approval under the Fair Work Act. The opposition raised several objections, including concerns that the agreement did not appropriately address the rights of casual employees, did not provide adequate mechanisms for dispute resolution, and failed to include certain mandated provisions such as those relating to minimum rates of pay and redundancy entitlements. The Commission had to determine whether these objections were valid and, if so, whether they rendered the agreement non-compliant with the statutory requirements.

After examining the submissions and evidence provided by both parties, the Commission found that the objections raised by the Electrical Trades Union of Australia did not establish that the agreement was non-compliant. The Commission determined that the agreement appropriately covered the rights of casual employees, provided sufficient mechanisms for dispute resolution, and included all mandated provisions. The Commission was satisfied that the agreement met the statutory criteria for approval, and accordingly, approved the Electrical Supply Industry Queensland Enterprise Agreement 2021-2024.

The Commission's decision was made on the basis of the evidence and arguments presented, with the conclusion that the agreement was fair and compliant with the requirements of the Fair Work Act. The Electrical Trades Union of Australia's objections were not substantiated, and the application for approval was granted.

Treescape Australasia Pty Ltd T/A Treescape

DECISION

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Background to the litigation

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Legal Principle Established