DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Ecosystems Pty Ltd
(AG2018/6732)

AUSTRALIAN ECOSYSTEMS ENTERPRISE AGREEMENT 2018-2022

Gardening services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 MARCH 2019

Application for approval of the Australian Ecosystems Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Australian Ecosystems Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Ecosystems Pty Ltd. 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] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2019. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Ecosystems Pty Ltd applied to the Fair Work Commission for the approval of the Australian Ecosystems Enterprise Agreement 2018-2022. The application involved various provisions, including those related to wages, penalty rates, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the agreement complied with the relevant legislative requirements and provided for fair and reasonable terms and conditions of employment. The Commission considered whether the agreement satisfied the "better off overall test" and whether it contained mandatory provisions as required by the Fair Work Act. The Commission also assessed whether the agreement met the statutory requirements for enterprise agreements, including provisions on minimum wages, penalty rates, and other employment conditions.

The Fair Work Commission found that the agreement met the requirements for approval under the Fair Work Act. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, meeting the "better off overall test." The Commission also found that the agreement contained the necessary mandatory provisions and complied with all statutory requirements. Consequently, the Commission approved the Australian Ecosystems Enterprise Agreement 2018-2022.

The Fair Work Commission's final order was that the Australian Ecosystems Enterprise Agreement 2018-2022 be approved. This approval meant that the agreement could be implemented, setting the terms and conditions of employment for the relevant employees for the specified period.

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