| [2025] FWCA 1990 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ecodynamics Landscaping Pty Ltd
(AG2025/1754)
ECODYNAMICS LANDSCAPING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2024 - 2027
| Gardening services | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 17 JUNE 2025 |
Application for approval of the ECODYNAMICS LANDSCAPING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the ECODYNAMICS LANDSCAPING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Ecodynamics Landscaping Pty Ltd. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement was approved on 17 June 2025 and, in accordance with s.54 of the Act, will operate from 24 June 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529378 PR788254>
- AGLC
- Ecodynamics Landscaping Pty Ltd [2025] FWCA 1990
- Case
- [2025] FWCA 1990
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the terms of the enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Court needed to determine if the agreement met the minimum entitlements as prescribed by the Act, including minimum wages, leave entitlements, penalty rates, and other conditions of employment. The Court also needed to assess whether the agreement had been made in good faith and whether it was appropriately certified as a simple or low-paid enterprise agreement.
In delivering its judgment, the Court examined the content of the agreement against the legislative requirements of the Fair Work Act. It found that the agreement provided for wages and conditions that were not less favourable than the applicable awards and that the agreement had been made in good faith. The Court also determined that the agreement was appropriately certified as a low-paid enterprise agreement. Having satisfied itself that the agreement met all necessary criteria, the Court approved the agreement under section 234 of the Fair Work Act 2009.
The Court's final orders were that the Ecodynamics Landscaping Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 - 2027 be approved and registered as a low-paid enterprise agreement, effective from the date of the Court's order. This approval ensures that the terms of the agreement will govern the employment conditions of the landscaping workforce within the specified period, subject to the ongoing compliance with the Fair Work Act.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.