Ecodynamics Landscaping Pty Ltd T/A Ecodynamics

[2022] FWCA 312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ecodynamics Landscaping Pty Ltd T/A Ecodynamics

(AG2021/9317)

Ecodynamics Landscaping Enterprise Agreement 2021-2024

Gardening services
COMMISSIONER WILSON	MELBOURNE, 2 FEBRUARY 2022

Application for approval of the Ecodynamics Landscaping Enterprise Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the Ecodynamics Landscaping 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 Ecodynamics Landscaping Pty Ltd T/A Ecodynamics. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2022. The nominal expiry date of the Agreement is 9 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved Ecodynamics Landscaping Pty Ltd, trading as Ecodynamics, and its employees. The company sought approval of the Ecodynamics Landscaping Enterprise Agreement 2021-2024, which was to cover the period from 2021 to 2024. The employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), did not object to the agreement but raised concerns regarding certain provisions. The dispute was heard in the Fair Work Commission, where the primary focus was on the terms and conditions outlined in the proposed enterprise agreement.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly sections concerning the fairness and reasonableness of the agreement's terms and conditions. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, as mandated by the Act. Additionally, the Commission had to assess whether the agreement complied with the "better off overall test" (BOOT), which ensures that employees are not worse off financially by the terms of the agreement.

In reaching its decision, the Fair Work Commission considered the arguments presented by both parties and examined the terms and conditions of the proposed agreement. The Commission found that the agreement was fair and reasonable, as it provided for appropriate wage increases, conditions of employment, and other benefits that were in line with industry standards. The Commission also determined that the agreement satisfied the BOOT, as employees would be better off overall under the terms of the new agreement compared to their previous conditions. Consequently, the Commission approved the Ecodynamics Landscaping Enterprise Agreement 2021-2024, recognising it as a genuine enterprise agreement under the Fair Work Act.

The Fair Work Commission's final order was to approve the Ecodynamics Landscaping Enterprise Agreement 2021-2024, effective from the date of the decision. This approval means that the agreement will govern the employment terms and conditions of the employees for the specified period, providing certainty and stability in their employment relationship with the company. The Commission's decision ensures that the agreement meets the legal requirements and benefits the employees, as mandated by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established