Ecodynamics Services Pty Ltd Summary

[2025] FWCA 920

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ecodynamics Services Pty Ltd

(AG2025/606)

ECODYNAMICS MULCH AND SERVICES ENTERPRISE AGREEMENT 2024

Gardening services
COMMISSIONER YILMAZ	MELBOURNE, 14 MARCH 2025

Application for approval of the ecoDynamics Mulch and Services Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the ecoDynamics Mulch and Services 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 Services Pty Ltd. The Agreement is a single enterprise agreement.

I note the Agreement covers two related employers, Ecodynamics Services Pty Ltd and Ecodynamics Mulch Pty Ltd.

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.

The Agreement is approved and in accordance with s.54, will operate from 21 March 2025. The nominal expiry date of the Agreement is 14 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ecodynamics Services Pty Ltd applied to the Fair Work Commission for approval of the ecoDynamics Mulch and Services Enterprise Agreement 2024. The application was contested by the Transport Workers Union, which argued that the agreement did not comply with certain provisions of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the procedural and substantive requirements for approval, particularly concerning its compliance with minimum terms and conditions and its fairness to employees.

The Commission considered the procedural fairness of the bargaining process and the substantive fairness of the terms within the agreement. It assessed whether the agreement provided terms and conditions that were no less favourable than the applicable minimum standards and whether it was a genuine agreement reached through conciliation and arbitration. The Commission found that the agreement was procedurally fair, having been reached through genuine bargaining between the parties. Regarding the substantive fairness, the Commission determined that the agreement provided terms and conditions that were no less favourable than the minimum standards under the National Employment Standards. The Commission also found that the agreement contained provisions that were reasonably necessary for the operation of a business, ensuring flexibility and efficiency within the workplace.

Having concluded that the agreement met both procedural and substantive requirements, the Commission approved the ecoDynamics Mulch and Services Enterprise Agreement 2024. The decision recognised the importance of fair and effective enterprise agreements in maintaining industrial harmony and ensuring that employees receive equitable terms and conditions.

Ecodynamics Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established