ecoDynamics Landscaping Pty Ltd

[2025] FWCA 1112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ecoDynamics Landscaping Pty Ltd

(AG2025/756)

ECODYNAMICS LANDSCAPING ENTERPRISE AGREEMENT 2024

Gardening services
COMMISSIONER YILMAZ	MELBOURNE, 2 APRIL 2025

Application for approval of the ecoDynamics Landscaping Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the ecoDynamics Landscaping Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ecoDynamics Landscaping Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-Site Award is taken to be a term of the Agreement.

The Agreement is approved and in accordance with s.54, will operate from 9 April 2025. The nominal expiry date of the Agreement is 9 April 2028.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission heard an application from ecoDynamics Landscaping Pty Ltd for the approval of the ecoDynamics Landscaping Enterprise Agreement 2024. The application was brought by the employer, who sought to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The agreement in question aimed to govern the terms and conditions of employment for employees within the landscaping industry. The dispute primarily centred on whether the agreement met the legal criteria for certification, including the requirement for it to be a genuine enterprise agreement, and whether it provided for fair and reasonable terms and conditions for the employees.

The legal issues before the Commission involved determining whether the agreement complied with the statutory requirements set out in the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it was genuinely negotiated between the employer and the employees, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider whether the agreement adequately addressed issues such as minimum wages, hours of work, leave entitlements, and dispute resolution mechanisms.

The Commission found that the agreement met the necessary criteria for approval. It was determined that the agreement was genuinely negotiated and made in good faith, with adequate provisions for fair and reasonable terms and conditions of employment. The agreement was comprehensive in addressing key employment matters, including minimum wages, hours of work, and leave entitlements. Furthermore, the dispute resolution mechanisms outlined in the agreement were deemed to be effective and fair. Consequently, the Commission approved the ecoDynamics Landscaping Enterprise Agreement 2024 as a certified agreement.

The final orders of the Commission mandated that the ecoDynamics Landscaping Enterprise Agreement 2024 be certified as a certified agreement, effective from the date of approval. The agreement was to apply to all employees of ecoDynamics Landscaping Pty Ltd who were not covered by another certified agreement. The certification would remain in effect until the earlier of the agreement's expiry or the Commission's revocation of its approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established