austlii:cth/FWCA/2026/72
General information, not legal advice.
FWCA
2026-01-15
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
ECOWISE SERVICES (AUSTRALIA) PTY LTD SINGLE ENTERPRISE AGREEMENT 2025
Application for approval of the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2025
[1] An application has been made by Ecowise Services (Australia) Pty Ltd (Applicant) for approval of an enterprise agreement known as the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.
[2] The application was lodged with the Commission on 9 December 2025. The Agreement, however, was made on 12 November 2025. As such, it appears the Agreement was lodged 13 days late. The Applicant provided submissions and supporting documents to justify the Commission granting an extension of time. I am satisfied having regard to those submissions that the powers conferred by s.188(3)(b) of the Act should be exercised.
[3] A number of BOOT issues were raised. They included the payment of clerical workers. The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached and marked Annexure A. The undertakings address the circumstances of the current workers. 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.
[4] 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.
[4]
[5] The Agreement was approved on 15 January 2026 and will operate from 22 January 2026 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 15 January 2029.

Printed by authority of the Commonwealth Government Printer
