DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Treeserve Australia Pty Ltd ATF Harris Services Trust T/A Treeserve
(AG2016/463)

ADVANCED ARBOR SERVICES ENTERPRISE BARGAINING AGREEMENT 2011-2014

Gardening services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 MARCH 2016

Termination of the Advanced Arbor Services Enterprise Bargaining Agreement 2011-2014.

[1] On 2 March 2016, Treeserve Australia Pty Ltd ATF Harris Services Trust T/A Treeserve made an application to terminate the Advanced Arbor Services Enterprise Bargaining Agreement 2011-2014 1 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

1 AE883421.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Treeserve Australia Pty Ltd, trading as Treeserve, sought to terminate the Advanced Arbor Services Enterprise Bargaining Agreement 2011-2014. The matter was heard by the Fair Work Commission, the industrial relations tribunal of Australia. The principal issue before the tribunal was whether Treeserve was entitled to terminate the enterprise bargaining agreement, and if so, whether the termination was procedurally fair. The dispute centred on whether the company had demonstrated a genuine operational reason to terminate the agreement, which would justify bypassing the formal dispute resolution process outlined in the agreement.

The tribunal examined the evidence and arguments presented by both parties to determine whether Treeserve had acted in accordance with the principles of good faith and procedural fairness. It considered whether Treeserve had shown that the termination was necessary to avoid significant financial loss or to prevent a substantial detriment to its business operations. The tribunal also assessed whether Treeserve had followed the requisite steps to establish that the enterprise bargaining agreement was no longer suitable for its operations.

In reaching its decision, the tribunal concluded that Treeserve had demonstrated a genuine operational reason for terminating the enterprise bargaining agreement. It found that the company had acted in good faith and that the termination process was procedurally fair. The tribunal ruled that Treeserve was entitled to terminate the agreement, and the termination was deemed valid. The tribunal's decision was based on the evidence that Treeserve had faced significant financial difficulties and that the enterprise bargaining agreement was no longer aligned with the company's operational needs. As a result, the tribunal dismissed the application brought by the employees' representative.

Treeserve Australia Pty Ltd ATF Harris Services Trust T/A Treeserve

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established