Ecodynamics Services Pty Ltd

[2025] FWCA 2930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ecodynamics Services Pty Ltd

(AG2025/2699)

ECODYNAMICS SERVICES AND MULCH AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2024 - 2027

Gardening services
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 SEPTEMBER 2025

Application for approval of the ECODYNAMICS SERVICES AND MULCH 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 SERVICES AND MULCH 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 (Cth) (the Act). It has been made by Ecodynamics Services Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 18 June 2025 and the Agreement was made on 27 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Construction, Forestry and Maritime Employees Union 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 is approved and, in accordance with s.54 of the Act, will operate from 9 September 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ecodynamics Services Pty Ltd, along with the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 - 2027, applied to the Fair Work Commission for approval. The dispute arose as both parties sought to formalise their employment terms and conditions through a certified agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay, entitlements, and conditions of employment, and whether it complied with the procedural requirements of the Fair Work Act. The Commission had to assess if the agreement promoted harmonious, productive, and cooperative workplace relationships, and whether it was free from inappropriate content. Additionally, the Commission needed to consider if the agreement had been appropriately certified by a bargaining representative.

The Commission examined the provisions of the agreement, finding that it contained clauses that specified minimum rates of pay and conditions of employment, which met the statutory requirements. The agreement was also procedurally sound, having been certified by the CFMEU. The Commission concluded that the agreement fostered cooperative workplace relationships and did not include any inappropriate content. Consequently, the Fair Work Commission approved the agreement, finding it to be in the best interests of the employees and compliant with the statutory requirements.

In light of the approval, the Fair Work Commission made an order approving the ECODYNAMICS SERVICES AND MULCH and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024 - 2027. This decision provides certainty to both employers and employees regarding their rights and obligations under the agreement, which will now govern their employment terms and conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established