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

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Trustee for Ecodynamics Services Trust, trading as Ecodynamics Services Pty Ltd, applied for approval of the Ecodynamics Services Enterprise Agreement 2021-2024. The applicant, Ecodynamics Services, is an employer engaged in the management of waste and recycling, and the application concerns the agreement entered into with the Australian Manufacturing Workers' Union (AMWU). The union represents the employees of Ecodynamics Services. The primary issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement contained all the mandated terms and conditions and whether it complied with the procedural requirements for making an enterprise agreement.

The Commission examined whether the agreement contained the minimum terms prescribed by the Fair Work Act, including wages, hours of work, and other conditions of employment. It also needed to determine if the agreement was made in good faith and if the necessary procedures for its making were followed. In assessing these issues, the Commission considered the evidence provided by both parties, including witness statements, documentary evidence, and submissions on the compliance of the agreement. The Commission found that the agreement satisfied the minimum terms and conditions required by the Act and was made in good faith following the appropriate procedures.

After a thorough review, the Commission concluded that the Ecodynamics Services Enterprise Agreement 2021-2024 met all the necessary legal requirements for approval. Consequently, the Commission approved the agreement. The final orders of the Commission included the approval of the enterprise agreement, effective from the date specified in the agreement, and mandated that the agreement be registered with the Fair Work Commission. The approval ensures that the terms and conditions set out in the agreement are enforceable between Ecodynamics Services and the AMWU.

The Trustee for Ecodynamics Services Trust T/A 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