Ecotone Flora Fauna Consultants

[2024] FWCA 2569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ecotone Flora Fauna Consultants

(AG2024/1614)

ECOTONE ENTERPRISE BARGAINING AGREEMENT 2024

Scientific services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 JULY 2024

Application for approval of the Ecotone Enterprise Bargaining Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ecotone Enterprise Bargaining Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided amendments to the Agreement under s 191A of the Act (Amendments). The Amendments are included in the version of the Agreement that will be published with this decision.

I am satisfied that the effect of accepting the Amendments is necessary to address the concerns raised by the Commission.

The views of the employer, award covered employees and each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Amendments.

Subject to the Amendments, I am satisfied that each of the requirements of sections 186, 187, 188, 190 and 191A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 July 2024. The nominal expiry date of the Agreement is 9 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ecotone Flora Fauna Consultants made an application for the approval of the Ecotone Enterprise Bargaining Agreement 2024. The dispute involved the terms and conditions of employment of employees working within the company. The Commission was required to determine whether the proposed agreement was suitable for registration under the Fair Work Act 2009. Key issues included whether the agreement provided for modern awards, the appropriate classification of employees, and whether the agreement complied with the Better Off Overall Test (BOOT).

The Commission found that the proposed agreement contained provisions that were consistent with modern awards and provided for appropriate classification of employees. However, the Commission identified some concerns regarding the remuneration and entitlements outlined in the agreement. Despite these concerns, the Commission determined that the agreement was better off overall for the employees when compared to the applicable modern award. The Commission approved the Ecotone Enterprise Bargaining Agreement 2024, subject to minor modifications to address the identified concerns.

The Fair Work Commission approved the Ecotone Enterprise Bargaining Agreement 2024, subject to certain modifications. These modifications included adjustments to the remuneration and entitlements provisions to ensure compliance with the Better Off Overall Test. The approved agreement will now serve as the basis for the terms and conditions of employment for employees within Ecotone Flora Fauna Consultants. The decision demonstrates the Commission's commitment to ensuring that enterprise agreements provide fair and reasonable outcomes for both employers and employees, while also maintaining compliance with the relevant legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established