Ecodynamics Pty Ltd

[2014] FWCA 5283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ecodynamics Pty Ltd
(AG2014/6736)

ECODYNAMICS LANDSCAPING ENTERPRISE AGREEMENT 2014-2017

Gardening services
COMMISSIONER RIORDAN	SYDNEY, 4 AUGUST 2014

Application for approval of the Ecodynamics Landscaping Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Ecodynamics Landscaping Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ecodynamics Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 4 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Managing Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case of Ecodynamics Pty Ltd involved a dispute regarding the approval of the Ecodynamics Landscaping Enterprise Agreement 2014-2017. The applicant, Ecodynamics Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The Fair Work Commission (FWC) was the court responsible for making the decision on the application. The applicants sought to have the agreement approved, arguing that it met the necessary criteria for approval, including being in the best interests of the employees and not being detrimental to the employees or the employer.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the FWC had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees. The FWC also needed to assess whether the agreement provided for a fair and reasonable method of resolving disputes, and whether it complied with the minimum entitlements set out in the National Employment Standards.

The FWC found that the proposed agreement met the necessary criteria for approval. The FWC considered that the agreement provided for fair and reasonable terms and conditions, and that it was in the best interests of the employees. The FWC also found that the agreement provided for a fair and reasonable method of resolving disputes, and that it complied with the minimum entitlements set out in the National Employment Standards. The FWC noted that the agreement provided for a range of benefits for employees, including higher wages and improved working conditions. The FWC concluded that the agreement was fair and reasonable, and approved the Ecodynamics Landscaping Enterprise Agreement 2014-2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established