DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Ecosystems Pty Ltd
(AG2014/11018)

AUSTRALIAN ECOSYSTEMS ENTERPRISE AGREEMENT 2014 - 2018

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 5 MARCH 2015

Application for approval of the Australian Ecosystems Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Ecosystems Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Ecosystems Pty Ltd. It is a single enterprise agreement.

[2] The Applicant has provided written undertakings dealing with the intended operation of the Agreement and the consultation provisions. A copy of those 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 will not result in substantial changes to the Agreement. The undertakings are accordingly accepted.

[3] In accordance with the undertakings and pursuant to s.205(2) of the Act the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 5 March 2015 and, in accordance with s.54, will operate from 12 March 2015. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Ecosystems Pty Ltd applied to the Fair Work Commission for approval of the Australian Ecosystems Enterprise Agreement 2014-2018. The Fair Work Commission is the tribunal responsible for resolving workplace disputes in Australia. The dispute arose over the application of the Fair Work Act 2009, which establishes the framework for workplace relations in Australia. The applicant, Australian Ecosystems, sought approval of the enterprise agreement, which sets out the terms and conditions of employment for its employees.

The central legal issue before the Fair Work Commission was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for approval, including whether it provided for the minimum entitlements of employees, and whether it was made in good faith and covered the appropriate bargaining unit. Additionally, the Commission considered whether the agreement was procedurally sound, meaning that it had been made following the correct processes and with the appropriate level of employee involvement.

The Fair Work Commission found that the enterprise agreement met the statutory criteria for approval. It concluded that the agreement provided for the minimum entitlements of employees and was made in good faith. The Commission also determined that the agreement covered the appropriate bargaining unit and was procedurally sound. The Commission was satisfied that the agreement had been made following the correct processes and with adequate employee involvement. Consequently, the Fair Work Commission approved the Australian Ecosystems Enterprise Agreement 2014-2018.

The Fair Work Commission's decision was that the Australian Ecosystems Enterprise Agreement 2014-2018 was approved and would be registered. This meant that the agreement would become legally binding on the parties and would govern the terms and conditions of employment for the employees of Australian Ecosystems for the duration of the agreement.

Australian Ecosystems 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