The Trustee for Ecodynamics Services Trust T/A Ecodynamics Services Pty Ltd

[2021] FWCA 6039

[2021] FWCA 6039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Ecodynamics Services Trust T/A Ecodynamics Services Pty Ltd
(AG2021/7324)

ECODYNAMICS SERVICES ENTERPRISE AGREEMENT 2021-2024

Gardening services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 SEPTEMBER 2021

Application for approval of the Ecodynamics Services Enterprise Agreement 2021-2024

[1] The Trustee for Ecodynamics Services Trust T/A Ecodynamics Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Ecodynamics Services Enterprise Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[4] I observe that clauses 22.1 and 24.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 29 September 2021 and, in accordance with s 54, will operate from 6 October 2021. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

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Annexure A