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

[2022] FWCA 3622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4159)

Ecowise Services (Australia) Pty Limited Single Enterprise Agreement 2022

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 18 OCTOBER 2022

Application for approval of the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ecowise Services (Australia) Pty Limited T/A Ecowise Services. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2022. The nominal expiry date of the Agreement is 18 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Ecowise Services (Australia) Pty Limited trading as Ecowise Services, sought approval of their Single Enterprise Agreement 2022 from the Fair Work Commission. The dispute centred on the terms and conditions of employment for the workers under the agreement, which aimed to set out the remuneration, hours of work, leave entitlements, and other conditions of employment for employees within the company. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been genuinely negotiated between the employer and the employees, if the agreement provided for the employees' minimum entitlements, and whether the agreement was in the best interests of the employees. Additionally, the Commission had to consider if the agreement contained any unfair provisions that could potentially undermine the rights and protections of the employees.

In its decision, the Commission found that the agreement had been genuinely negotiated between the parties, as evidenced by the submissions and the record of the negotiations. The Commission also determined that the agreement provided for all the employees' minimum entitlements as required by the Fair Work Act, and that it was in the best interests of the employees, taking into account the overall benefits and protections provided by the agreement. The Commission further examined the agreement for any unfair provisions and found none that would render the agreement unjust or detrimental to the employees. Consequently, the Commission approved the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2022.

The Fair Work Commission approved the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2022, recognising it as a valid agreement that meets the requirements under the Fair Work Act. This decision provides clarity for both the employer and the employees regarding their rights and obligations under the agreement, ensuring a fair and equitable working environment.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established