Ecowise Services (Australia) Pty Limited T/A Ecowise Services

[2014] FWCA 4591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ecowise Services (Australia) Pty Limited T/A Ecowise Services
(AG2014/6657)

ECOWISE SERVICES (AUSTRALIA) PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
COMMISSIONER DEEGAN	CANBERRA, 9 JULY 2014

Application for approval of the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ecowise Services (Australia) Pty Ltd. 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, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2014. The nominal expiry date of the Agreement is 9 July 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ecowise Services (Australia) Pty Limited, trading as Ecowise Services, applied to the Fair Work Commission for approval of their Single Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for the workers covered by the agreement, and the application was contested by a union representing some of the employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages and entitlements, and whether it had been genuinely negotiated. Additionally, the Commission needed to consider whether the agreement complied with the procedural requirements for its approval, including ensuring that employees had been adequately informed and consulted. The Commission also had to examine if the agreement included appropriate dispute resolution mechanisms.

After reviewing the submissions from both parties, the Commission found that the agreement was fair and reasonable, and it had been genuinely negotiated. The Commission was satisfied that the procedural requirements for approval were met, including that employees had been appropriately informed and consulted. The agreement included provisions for minimum wages, entitlements, and dispute resolution mechanisms that were deemed to be adequate. Consequently, the Commission approved the application and authorised the agreement.

The Fair Work Commission approved the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2014, setting out the terms and conditions of employment for the employees covered by the agreement. The approval was made on the basis that the agreement was fair and reasonable, genuinely negotiated, and complied with the procedural requirements and provisions of the Fair Work Act 2009. The agreement was authorised to take effect from the specified date, providing a framework for the employment relationship between Ecowise Services and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established