[2021] FWCA 6039

FairWork
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.

1
 [2021] FWCA 6039

[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

<AE513294 PR734384>

2
 [2021] FWCA 6039

Annexure A

ecoDyn,amics

Eeocynaml¢$ Service$
IN THE FAIR WORK: ·COMMISSION
ICN>'.JlJ<; 921!

ll90 Moumaill Mignw;;~

BBy,J'-"tlt<!r VlC 3153
FWC MBtt:i No.: ~ •ic~m .au,

Applica nt:

Ecodyna mlcs S@f'llices Pty Ltd

Section 185- Application for approval of a sing!@ @nterpriseagr-eement

Undertaking -,S~icm 190

11 Jaison Davenport, General Man ager have the authority giv,en to n,e
by Ecody.n amic:s Ser.ric.@S Pry Ltd
to g,ive t he fo llowing undertakings with resp t o t he Ecodynamlcs Services Enterprise Agreement
20~- ::1;0:i:4 ("the, Agreem en~

l, Claul;(!! u. Overtime

No Employee wilil work more than 12 hours of ,overtima in one week

This underta ld · g is provided ,:,nthe basis ofiss,ues ra~ bythe Fa

ir Work Commissioo in the
appl'cation before the Fa ir Worik Comm-issio

Name: Jason Davenport

Date

creating Q~a r fu:tu~

3
 '
ecoDynamics
Ecodynamics Services
Enterprise Agreement
2021 - 2024

Note - this agreement is to be read together with an undertaking given by the

employer. The undertaking is taken to be a term of the agreement. A copy of it
can be found at the end of the agreement.

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Contents
PART I - DETAILS AND ASSOCIATIONS OF AGREEMENT ....................................... .4
L Application and Operation ................................................................................ 4
PART II- DISPUTES RESOLUTION ............................................................................ 7
2. Dispute Resolution ............................................................................................ 7
PART III - EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS ........ 9
3. Recruitment and Termination........................................................................... 9
4. Contract of Employinent ................................................................................... 9
5. Redundancy .................................................................................................... 11
PART IV - WAGES, ALLOWANCES AND OTHER PAYMENTS .................................. 12
6. Wage Rates, Classification Structure and Allowances ..................................... 12
7. Travel Allowance ............................................................................................. 12
8. Living Away From Home ................................................................................. 13
9. Payinent of Wages ........................................................................................... 13
PART V - HOURS OF WORK, OVERTIME, WEEKEND WORK, NIGHT WORK AND
BREAKS ................................................................................................................... 14
10. Ordinary Hours of Work- Blower, Slinger& Hydroseeder work..................... 14
11. Ordinary Hours of Work- Yard Coordinator................................................... 14
12. Overtime .•....................................................................................................... 15
13. Weekend Work................................................................................................ 16
14. Night Works .................................................................................................... 16
15 Rostered Days Off (RDOs) ............................................................................... 16
16. Rest Breaks ..................................................................................................... 18
17 Meal Break Allowance ..................................................................................... 18
PART VI - LEAVE & PUBLIC HOLIDAYS .................................................................. 19
18. Standard Daily Leave Hours ............................................................................ 19
19. Annual Leave and Christmas Closedown ......................................................... 19
20. Personal Leave (also known as Sick Leave or Carers Leave) ............................ 20
21. Parental Leave................................................................................................. 20
22. Compassionate Leave ...................................................................................... 20
23. Jury Service .................................................................................................... 20
24. Public Holidays .........................................................•..................................... 21
2 5. Long Service Leave .......................................................................................... 21
PART VII - GENERAL EMPLOYMENT ARRANGEMENTS ........................................ 22
26. Clothing Issue, Safety Footwear and Equipment ............................................. 22
2 7. No Extra Claims .............................................................................................. 2 2
28. Agreement Flexibility ...................................................................................... 22

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 2 9. Consultation Term .......................................................................................... 23
30. Renegotiation of the Agreement ...................................................................... 25
31. Payroll Deductions .......................................................................................... 25
SIGNATORIES: ......................................................................................................... 26
SCHEDULE A - Classification Structure ................................................................ 2 7
SCHEDULE B - Pay Rates ..................................................................................... 28
SCHEDULE C - Allowances ................................................................................... 29

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PART I - DETAILS AND ASSOCIATIONS OF AGREEMENT
1. Application and Operation

1.1 Title
Ecodynamics Services Enterprise Agreement 2021-2024 ("the Agreement").

1.2 Parties and Persons Bound

The parties to this Agreement are Ecodynamics Services Pty Ltd (ACN 102 359 213)
(formerly called We Blow Landscaping Pty Ltd) and all Employees to whom this
Agreement applies pursuant to Clause 1.4.
1.3 Nominal Expiry Date
This agreement shall come into effect from 1 August 2021 or from 7 days after
approval by the Fair Work Commission, which ever comes first. The nominal expiry
date is three years after this date, being 31 July 2024.

1.4 Scope and Application

1.4.1 This Agreement shall apply to all Employees covered by the GLS Award whose
classifications are specified in SCHEDULE A- Classification Structure of this
Agreement and who are engaged in any of the following activities:
(a) Pneumatic Blower, Slinger, Sand Tanker and manual labour work;
(b) Hydroseeding work;
(c) Yard/ Loader work

1.4.2 Exemptions
For clarity, this Agreement shall not apply to Employees:
(a) Based in any other State or Territory other than Victoria;
(b) covered by the Building and Construction General On-Site Award 2020.

1.5 Definitions and Interpretation

1.5.1 In this Agreement, unless the contrary intention appears:

Act means the Fair Work Act 2009 (No.28).

Blower and Slinger Works means all work associated with Pneumatic Blower,
Slinger, Sand Tanker and manual labour work

Casual employee has the meaning given to casual employee in the Act.

Continuous service the period of service of an Employee notwithstanding the

Employee's absence from work for any of the following reasons: annual leave,
personal leave or parental leave; illness or accident up to a maximum of four
weeks after the expiration of paid sick leave; jury service; injury received
during the course of employment and up to a maximum of 26 weeks for which
the Employee received worker's compensation; where called up for military
service for up to three months in any qualifying period; long service leave; and
any reason satisfactory to Ecodynamics Services, provided the Employee has
informed Ecodynamics Services within 24 hours of the time when the

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 Employee was due to attend for work, or as soon as practicable thereafter, of
the reason for the absence and probable duration

Ecodynamics Services means Ecodynamics Services Pty Ltd (ACN 102 359 213)
(formerly called We Blow Landscaping Pty Ltd) as the Trustee for
Ecodynamics Services Trust (ABN: 14 772 7 44 2

Employee means an employee of Ecodynamics Services.

Employee Representative means any Employee duly elected or appointed by

the Employees covered by this Agreement, to represent the Employees'
interests when requested by the Employee/s to do so, in accordance with the
terms of this Agreement.

GLS Award means the Gardening and Landscape Services Award 2020.

Hydroseeder means all work associated with Epic, Finn and any other
hydroseeding / hydromulching equipment that maybe used.

Immediate Family Member has the meaning given to that phrase in the Act

NES means the National Employment Standards in the Act.

Team Leader means an Employee who is appointed as such by Ecodynamics

Services and who is required to supervise or direct or be in charge of another
Employee or other Employees

Yard Coordinator means an Employee who is appointed as such by

Ecodynamics Services and is required to manage & maintain materials stock
piles within the Bayswater Depot, work with the Operations Manager to ensure
materials required for works are available when needed, have direct
knowledge of and input into the compliant loading of trucks, be proficient in
the use of the articulated loader, keep the yard clean, tidy and safe for
operations & deliveries to the yard, manage bush mulch stockpiles ensuring
even maturity of material and not permitting heat build up, and to ensure all
stock levels are accurately recorded in real time on the electronic stock
register. Training of others in these procedures in preparation for planned
absences is \also required.

1.6 Objectives and Commitments

1.6.1 The provisions of this Agreement establish the relevant and necessary
arrangements required to successfully and safely complete Ecodynamics
Services' activities ensuring they are completed on time and on budget.

1.6.2 As well as the overall objective nominated above, the parties also agree to
develop and implement the establishment and observance of dispute settling
procedures without industrial action.

1.6.3 Excellence in Workplace Health and Safety (OHS) -The parties are committed
to performing all works using the highest levels of safety to ensure the best
possible OHS outcomes for all involved and in accordance with the relevant
legislation, associated regulations, codes of practice and Ecodynamics
Services' policy and procedures;

1.6.4 Development and satisfaction of Employees -The parties are committed to

creating and maintaining a safe, co-operative and fulfilling work experience

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 for Employees. Ecodynamics Services is committed to the development of
Employees and the application of fair remuneration, benefits and working
conditions.

1.6.5 Quality of Work-The parties are committed to delivering high quality works
to meet / exceed the requirements of clients whilst also meeting / exceeding
business objectives to complete works on time / ahead of planned time, and on
budget.

1.6.6 Excellence in Environmental Management - The parties recognise that the

location and nature of project works may provide unique challenges in relation
to environmental matters. The parties are committed to ensuring that any
negative impacts upon the environment are minimised.

1.6. 7 Maximum flexibility - The parties to the agreement will encourage and accept
flexibility ofjobs and duties and acceptance of improved work organisation to
limit unproductive time.

1.6.8 Positive Workplace Culture - The parties recognise the importance of a

positive workplace culture to achieving business and project objectives. In
particular, the parties are committed to a culture of co-operation,
communication, mutual respect and shared goals.

1.6. 9 Training and Career Development for Employees - The parties recognise the
value of structured learning, development and personal growth for all
employees. All Employees will accordingly co-ordinate, deliver and participate
in such development opportunities as they arise.

1.6.l0Legal Requirements - The parties recognise the importance of adhering to all

Local, State and Federal statutory requirements including, but not limited to,
the Act.

1.7 Relationship to Awards and Agreements

1. 7 .1 This Agreement replaces the We Blow Landscaping Collective Agreement 2017

- 2021 (FWC Document Reference: AE425053) and any otherwise applicable
agreement.

1. 7 .2 The NES is to be read alongside this Agreement. Where there is an

inconsistency between this Agreement and the NES, the NES term will apply to
the extent of any inconsistency if the NES term provides a greater benefit.
Where this Agreement refers to a condition of employment provided for in the
NES, the NES definition and terms apply unless the matter is otherwise
expressly dealt with in this Agreement.

1.7.3 The terms and conditions of the GLS Award are incorporated into and should
be read alongside this Agreement. If an incorporated Award term is
inconsistent with an express term of this Agreement, the express term in the
Agreement prevails over the incorporated Award term to the extent of the
inconsistency.

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PART II - DISPUTE RESOLUTION
2. Dispute Resolution

2.1 Posting of Agreement

To ensure that the parties are aware of the terms of the Agreement, and to
assist in any resolution of a dispute or the avoidance thereof, a copy of this
Agreement shall be retained by Ecodynamics Services at all times for ready
access by any Employee, and Ecodynamics Services shall provide a permanent
copy for each Employee Representative.

2.2 Disputes Resolution Procedure

2.2.1 If a dispute relates to:

(a) a matter arising under the agreement; or

(b) the National Employment Standards;

this term sets out procedures to settle the dispute.

2.2.2 An employee who is a party to the dispute may appoint a representative for the
purposes of the procedures in this term.

2 .2.3 In the first instance, the parties to the dispute must try to resolve the dispute at
the workplace level, by discussions between the employee or employees and
relevant supervisors and/or management.

2.2.4 If discussions at the workplace level do not resolve the dispute, a party to the
dispute may refer the matter to Fair Work Commission.

2.2.5 The Fair Work Commission may deal with the dispute in 2 stages:

(a) the Fair Work Commission will first attempt to resolve the dispute as it
considers appropriate, including by mediation, conciliation, expressing an
opinion or making a recommendation; and

(b) if the Fair Work Commission is unable to resolve the dispute at the first stage,
the Fair Work Commission may then:

(i) arbitrate the dispute; and

(ii) make a determination that is binding on the parties.

Note: If Fair Work Commission arbitrates the dispute, it may also use the
powers that are available to it under the Act.

A decision that Fair Work Commission makes when arbitrating a dispute is a

decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal
may be made against the decision.

2.2.6 While the parties are trying to resolve the dispute using the procedures in this
term:

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(a) an employee must continue to perform his or her work as he or she would
normally unless he or she has a reasonable concern about an imminent risk to
his or her health or safety; and

(b) an employee must comply with a direction given by Ecodynamics Services to

perform other available work at the same workplace, or at another workplace,
unless:

(i) the work is not safe; or

(ii) applicable occupational health and safety legislation would not permit
the work to be performed; or

(iii) the work is not appropriate for the employee to perform; or

(iv) there are other reasonable grounds for the employee to refuse to comply
with the direction.

2.2. 7 The parties to the dispute agree to be bound by a decision made by Fair Work
Commission in accordance with this term.

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PART III - EMPLOYMENT RELATIONSHIP AND RELATED
ARRANGEMENTS
3. Recruitment and Termination

Subject to the terms and conditions of this Agreement, it is agreed that it is

Ecodynamics Services' prerogative to determine the order of selection of
Employees for employment or retrenchment.

The disputes resolution procedure set out in Clause 2 will apply in the event of
any concerns arising regarding retrenchments.

3 .1 Notice of Termination

Casuals: Eight hours' notice of termination shall be given by either side, or one
days' pay shall be paid or forfeited.

Permanent: Ecodynamics Services when terminating the employment of a

permanent Employee shall give the Employee the following notice:

Period of Continuous Service Period of Notice

One year or less One week

Over one year & up to the completion of three years Two weeks
Over three years & up to the completion of five years Three weeks
Over five years Four weeks

In addition to the above notice, Employees over 45 years of age with not less
than two years' continuous s ervice shall be entitled to an additional week's
notice.

3.2 Termination by the Employee

The notice given by an Employee shall be the same as that required of

Ecodynamics Services except that there shall be no additional notice based on
the age of the Employee concerned, unless by mutual agreement.

3.3 Instant Dismissal

Nothing in this clause shall affect the right ofEcodynamics Services to dismiss
an Employee without notice for misconduct or neglect of duty. ECO HRP-010
Ecodynamics Group Conduct Improvement and Discipline Procedure shall be
adhered to.

4. Contract of Employment
4.1 Types of employment

4.1 . 1 Employees under this Agreement will be employed in one of the following
categories:

(a) full-time permanent Employees; or

(b) part-time permanent Employees; or
(c) casual Employees.

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4 .1.2 At the time of engagement, Ecodynamics Services will inform each Employee,
in writing, of the terms of their engagement and, in particular, whether they
are to be full-time, part-time or casual Employees.
4.2 Full-time permanent employment

4.2.1 Blower, Slinger & Hydroseeder Work - A full-time Employee is an Employee

who works 81 hours per fortnight working 38 hours per week plus 2.5
reasonable additional hours per week ordinary hours per fortnight over 9
days.

4.2.2 Yard Coordinator - A full-time Employee is an Employee who works 160 hours
per four ( 4) weeks working 38 ordinary hours per week plus 2 reasonable
additional hours per week over 20 days

4.3 Part-time permanent employment

4.3.1 Blower, Slinger & Hydroseeder Work - A part-time Employee is an Employee

who works less than 76 ordinary hours per fortnight over 9 days and has
reasonably predictable hours of work.

4.3.2 For each ordinary hour worked, a part-time Employee will be paid no less than
the hourly rate of pay for the relevant classification and pro rata entitlements.

4.3.3 Before commencing a period of part-time employment the Employee and

Ecodynamics Services will agree in writing:

(a) that the Employee may work part-time; and

(b) upon the hours to be worked by the Employee, the days upon which the hours
will be worked and commencing times for the work; and
(c) upon the classification applying to the work to be performed; and
(d) upon the period of part-time employment.

4.3.4 The terms of an agreement may be varied (or converted to full time
employment) by agreement in writing between Ecodynamics Services and the
Employee.

4.3.5 A copy of the agreement and any variation to it will be provided to the
Employee by Ecodynamics Services.

4.4 Casual employment

4.4.1 A casual employee is an employee within the meaning of casual employee in

the Act.

4.4.2 A casual Employee is entitled to all of the applicable rates and conditions of
employment prescribed by this Agreement except annual leave, paid personal
leave, paid carer's leave, paid community service leave as defined by the Act,
notice of termination and redundancy benefits.

4.4.3 Ecodynamics Services, when engaging a person for casual employment, will
inform the Employee, in writing, that:
(a) The Employee is to be employed as a casual employee
(b) That the offer of employment is made by Ecodynamics Services to the person
on the basis that Ecodynamics Services makes no firm advance commitment to
continuing and indefinite work according to an agreed pattern of work for the
person
(c) The amount of the casual loading or specific casual rate of pay

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( d) That Ecodynamics Services can elect to offer work and that the employee can
elect to accept or reject work
(e) That the employee will work as required according to the needs of
Ecodynamics Services

4.4.4 A casual Employee is entitled to payment for a minimum of four hours' work
per engagement, plus the relevant fares and travel allowance and expenses
prescribed by Clause 11 - Travel Allowances and Clause 12 - Living Away From
Home on each occasion they are required to attend work.

4.4.5 A casual Employee will be paid a casual loading of 25% for ordinary hours as
provided for in SCHEDULE B - PAY RATES of this agreement. The casual
loading is paid as compensation for annual leave, personal / carers leave,
community service leave, notice of termination and redundancy benefits and
public holidays not worked.

4.4.6 A casual Employee required to work overtime or weekend work will be entitled
to the relevant penalty rates prescribed by Clause 12 - Overtime, provided
that;

(a) where the relevant penalty rate is time and a half, the Employee will be paid
175% of the hourly rate prescribed for the Employee's classification; and
(b) where the relevant penalty rate is double time, the Employee will be paid 225%
of the hourly rate prescribed for the Employee's classification.

4 .4 . 7 A casual Employee required to work on a public holiday prescribed by the NES

will be paid 275% of the hourly rate prescribed for the Employee's
classification.

4.4.8 Casual Conversion

Ecodynamics Services recognises the right of a casual employee to request

casual conversion under the Act.

5. Redundancy

5 .1 Redundancy General

Ecodynamics Services shall be liable to pay Redundancy payments to an

Employee following a decision by Ecodynamics Services to cease the
employment and no longer wishes the job to be done by anyone.

The minimum Redundancy payments, which Ecodynamics Services is liable to

pay, are the entitlements due to the Employee under the NES.

5.2 In the event that redundancies are required, Ecodynamics Services will
determine the candidates for redundancy based on operational requirements.
It will consider volunteers; however it retains the right not to accept such
volunteers.

5.3 Ecodynamics Services will adhere to the ECO HRP-051 Ecodynamics Group
Exiting the Business Procedure (Clause 5.7 Redundancy).

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PART IV - WAGES, ALLOWANCES AND OTHER PAYMENTS
6. Wage Rates, Classification Structure and Allowances
6.1 Classification Structure

All Employees working under this Agreement shall be classified by

Ecodynamics Services according to the skill-based classification structure set
out in SCHEDULE A - CLASSIFICATION STRUCTURE.

6.2 Wage Rates

6 .2.1 Pay rates are set out in SCHEDULE B - PAY RATES. Wage increases are: -

From 1 st Pay Period commencing 1 August 2021

From 1 st Pay Period commencing on or after 1 year from the commencement
date 1 August 2021
From 1 st Pay Period commencing on or after 2 years from the commencement
date 1 August 2021

6.3 Team Leaders

A person s p e cifically appointed t o b e a Team Lead er or acting Team Leader

will be paid an additional rat e. This payment is in cluded within the ordinary
r at es for Team Leader as shown in SCHEDULE B - PAY RATES.

6.4 Projects

6.4.1 Employee s recognise that Ecodynamics Services is in volved in the contracting

industry and, as such, acknowledge that they may be assigned to a specified
project, based on the needs of Ecodynamics Services clients.

6.4.2 Ecodynamics Services may decide to pay an employee a rate of pay or

allowance or other contributions that are higher than specified in this
Agreement for a particular project than what would otherwise apply.
Ecodynamics Services may start or cease p aying higher rates of pay to any
Employee at any time.

6.4.3 Where Ecodynamics Services remunerates an Employee above the minimum

rates or remuneration set out in this Agreement, any amount paid over the
minimum rate may be used to offset any rate, loading, pay or allowance that
would otherwise be applicable to the Employee at that time.

6.4.4 An Employees' classification for each project assignment will be based on the
skills required for the particular role as determined by Ecodynamics Services
and not the skills or qualifications the Employee may possess.

7. Travel Allowance
7.1 If the Employee travels directly to a project site using their own vehicle, from
within a r adius of 50km from their depot, he/she will be entitled to the
allowance as detailed in SCHEDULE C - ALLOWANCES.

7 .2 Where an Employe e uses their own vehicle to travel in excess of 50km from
their depot to a work site they will be paid the Travel allowance specified in
Clause 11 plus a kilometre reimbursement as shown in SCHEDULE E - OTHER
ALLOWANCES The per-kilometre rate will not increase throughout the period

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 of the Agreement. Consultation between Ecodynamics Services and the
Employees should take place prior to each occurrence and alternative
arrangements may, upon consultation and agreement between Eco dynamics
Services and the Employees, be implemented.

7 .3 If Ecodynamics Services provides the Employee with a vehicle for travel to and
from work, or if the Employee clocks on from an Ecodynamics Services depot,
he/she will not be entitled to a Travel Allowance.

7 .4 The cost of road tolls or similar will be reimbursed for those Employees who
are required by their employer to use their own vehicle during working hours,
but not for travel to and from work.

8. Living Away From Home

8.1 Eligibility criteria for Living Away From Home Allowance (IAFHA). The
employee must maintain a normal place of residence greater than 70
kilometres radial distance from where they report to work on the project. The
employee must provide proof of this and sign a statutory declaration to this
effect.

8.2 A minimum notice period of 48 hours is to be provided to employees prior to

living away from home unless full agreement is given by the employee.

8.3 When an employee is eligible for living away from home allowance,
Ecodynamics Services will,

8.3.1 Provide the employee with reasonable board and lodging, unless specified
otherwise. (see 12.3.2) Facilities, where possible, are to be provided to allow
employees to cater for themselves.

8.3.2 Pay an allowance of $1050.00 per 7 day week in full recompense for all costs
incurred. For broken parts of the week, the Company will pay $150.00 per day;
or

8.3.3 Where board and lodging is supplied by Ecodynamics Services, there will be no
payment for IAFHA. If lodging only is supplied, an allowance of $120 per
night for board is payable.

9. Payment of Wages
9.1 All wages, allowances and other monies will be paid by electronic funds
transfer into a nominated account.

9.2 Wages and pay slip details shall be made available no later than 5.00 pm
Friday following the close of pay period.

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PART V - HOURS OF WORK, OVERTIME, WEEKEND WORK,
NIGHT WORK AND BREAKS
10. Ordinary Hours of Work - Blower, Slinger & Hydroseeder work
10.1 The ordinary hours of work will be worked on Monday to Friday inclusive and
will be between the hours of 6.00 am and 6.00 pm.

10.2 A maximum of 81 ordinary hours of work in a fortnight cycle will be worked

which is made up of 38 ordinary hours per week plus 2.5 reasonable additional
hours per week.

10.3 Nine hours shall be worked for each of the nine days, and with 0.9 of an hour on
each of those days accruing toward the tenth day, which shall be taken as a paid
day off. The tenth day shall be known as the Rostered Day Off ("RDO")'.

10.4 All work performed outside the spread of hours listed in clause 11.1 of this
Agreement will attract the overtime penalty rates as listed in Clause 12.2.3 of
the Agreement.

10.5 These ordinary hours of work and fortnightly roster arrangements are
considered reasonable by the parties to the Agreement.

10.6 Ecodynamics Services has the right to alter start and finish times within the
spread of ordinary daily hours (6.00 am to 6.00 pm). Prior to altering start and
finish times Ecodynamics Services will consult with the affected Employees
and:

(a) provide not less than ten hours' notice to affected Employees of the change to
start and finish times unless the Employees agree to a shorter notice period;
(b) provide an opportunity to affected Employees to advise of individual personal
or family circumstances relevant to the change to start and finish times, and
shall consider any such advice from affected Employees;
(c) have regard to its obligations to provide a safe and healthy workplace; and
(d) have regard to the intention of avoiding excessive overtime.

10. 7 The ordinary hours of work for different work areas, once established, may be
varied by agreement between Ecodynamics Services and the majority of the
Employees in the work area affected or, in the absence of agreement, by the
giving of 7 days' notice by Ecodynamics Services to the Employees concerned.
Ecodynamics Services will take into consideration an Employee's family
commitments prior to requesting changes.

11. Ordinary Hours ofWork- Yard Coordinator

11.1 The ordinary hours of work will be worked on Monday to Friday inclusive and
will be between the hours of 6.00 am and 6.00 pm.

11.2 A maximum of 160 ordinary hours of work in a four (4) week cycle will be
worked which is made up of 38 ordinary hours per week plus 2 reasonable
additional hours per week.

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11.3 Eight (8) hours shall be worked for each of the nineteen (19) days, with 0.4 of
an hour on each of those days accruing toward the twentieth day, which shall be
taken as a paid day off. The twentieth day shall be known as the Rostered Day
Off ("RDO")'.

11.4 All work performed outside the spread of hours listed in clause 12.1 of this
Agreement will attract the overtime penalty rates as listed in Clause 13.2.3 of
the Agreement.

11.5 These ordinary hours ofwork and 4 weekly roster arrangements are considered
reasonable by the parties to the Agreement.

11.6 Ecodynamics Services has the right to alter start and finish times within the
spread of ordinary daily hours (6.00 am to 6.00 pm). Prior to altering start and
finish times Ecodynamics Services will consult with the affected Employees
and:

(a) provide not less than ten hours' notice to affected Employees of the change to
start and finish times unless the Employees agree to a shorter notice period;
(b) provide an opportunity to affected Employees to advise of individual personal
or family circumstances relevant to the change to start and finish times, and
shall consider any such advice from affected Employees;
(c) have regard to its obligations to provide a safe and healthy workplace; and
(d) have regard to the intention of avoiding excessive overtime.

11. 7 The ordinary hours of work for different work areas, once established, may be
varied by agreement between Ecodynamics Services and the majority of the
Employees in the work area affected or, in the absence of agreement, by the
giving of 7 days' notice by Ecodynamics Services to the Employees concerned.
Ecodynamics Services will take into consideration an Employee's family
commitments prior to requesting changes.

12. Overtime
12.1 Offer and Acceptance of Overtime

12.1.1 Participation in overtime is part of the normal duties expected by

Ecodynamics Services. This may result in work on a weekend and or other day
that employees are not normally rostered to work in accordance with the
terms of this Agreement. There is also an expectation all members of a team
finish as a team at the end of the day up to and including ensuring equipment
is prepped, unless earlier arrangements have been agreed with management.

12.1.2 Overtime will be offered on a work required basis.

12.1.3 Overtime will be offered fairly amongst Employees possessing required skills
and competencies, in the event that less than full work teams are required.

12.1.4 Employees who accept an offer of overtime will then be obliged to attend.

12.2 Payment of Overtime

12.2.1 Overtime will be payable for all hours worked, in excess of the maximum
ordinary hours per fortnight as per Clause 11.1

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12.2.2 Overtime will be calculated by applying the appropriate multiplier to the
Employee's hourly rate as prescribed herein in SCHEDULE B - BAND 1 PAY
RATES.

12.2.3 Overtime will be paid at the rate of 150% for the first 2 hours and 200%
thereafter on each occasion that it is worked.

12.2.4 Ecodynamics Services may, through extraordinary circumstances, find itself

unable to proceed with the scheduled overtime and in such circumstances will
notify affected Employees advising cancellation of the overtime.

13. Weekend Work

13.1 Weekend work will be payable for all hours worked at the following rates,
Saturday first 2 hours 150% of the individuals normal time rate and 200%
thereafter. Work on Sundays is all paid at 200%.

13.2 Employees will also be required to work reasonable in excess of the ordinary
hours when requested by Ecodynamics Services to meet the needs of the
business. An employee may refuse to work such overtime if the request is
unreasonable, having regard to their personal circumstances.

13.4 Any shifts programmed to occur on weekends will be a minimum of 4 hours in

duration.

14. Night Works

14.1 Night works are defined as rostered events commencing after 6pm and
finished prior to 5am.

14.2 If a part week is worked at night, a paid rest day will be incorporated into the
week, for permanent Employees only, to ensure that:

(a) A minimum of 4 night work rostered events is provided for that week
(b) All Employees have a minimum of 10 hours between work.

14.3 Any rest day should be paid at ordinary hours rate. No site allowance will be
paid for rest days.

14.4 If a full week of night works is performed, no allowance will be made for rest
days.

14.5 Sunday night work is classified as the first working day of the week

14.6 All works as defined as night works will be paid at 200% of ordinary hour rate
as defined in SCHEDULE B -PAY RATES.

15. Rostered Days Off (RDOs)

15.1 RDO's

15.1.lFor Blower, Slinger & Hydroseeding work, from the commencement of this
Agreement, 9 hours' ordinary time may be worked with 0. 9 hours per day

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 accruing for a paid Rostered Day off (RDO). Employees will be entitled to 26
RDOs when they work a full calendar year.

15.1.2For Yard Coordinator work, from the commencement of this Agreement, 8

hours' ordinary time may be worked with 0.4 hours per day accruing for a paid
Rostered Day off (RDO). Employees will be entitled to 13 RDOs when they
work a full calendar year

15.2 Taking RDO's

15.2.1 Generally, for Blower, Slinger & Hydroseeding workers, each RDO will be
scheduled to be taken in the fortnight in which it falls due, in accordance with
Ecodynamics Services work requirements and individual employee
preferences. In the event that agreement cannot be reached, the Company's
operational requirements will prevail.

15.2.2Generally, for the Yard Coordinator, each RDO will be scheduled to be taken in
the four weeks in which it falls due, in accordance with Ecodynamics Services
work requirements and individual employee preferences. In the event that
agreement cannot be reached, the Company's operational requirements will
prevail.

15.3 As a general rule, once RDO's are agreed/scheduled, Ecodynamics Services will
endeavour to ensure that they are not changed. Nonetheless, Ecodynamics
Services reserves the right to vary RDO's by agreement with the employees so
affected or in the absence of agreement by provision of reasonable notice, in
order to accommodate operational or customer requirements.

15.4 Nonetheless work may take place on an RDO as required in accordance with
this clause. When an Employee is required to work on an RDO, such work will
be paid for at ordinary time rates of pay and the Employee will be granted a
substitute RDO.

15.5 A Blower, Slinger & Hydroseeding Employee will accrue 0.9 hours towards a
RDO for each day of 9 hour's ordinary time. The Yard Coordinator Employee
will accrue 0.4 hours towards a RDO for each day of 8 hour's ordinary time

15.6 9 hours will be deducted from the accrual of a Blower, Slinger & Hydroseeding
Employee for each RDO that is taken. 8 hours will be deducted from the
accrual of the Yard Coordinator Employee for each RDO that is taken

15. 7 The parties are committed to encouraging all Employees to take their accrued
RDOs on a regular basis within the calendar year to ensure that employee
health, well-being, fatigue management and a satisfactory work/life balance
are maintained.

15.8 RDO accruals will not be paid out to an Employee prior to the person's
termination, unless by mutual agreement between the Company and the
individual Employee. Any accrued RDOs remaining at the completion of
employment will be paid at the ordinary rate or pay.

15.9 A new Employee will be eligible for an RDO after accruing 9 hours (Blower,
Slinger & Hydroseeding Employee) or 8 hours (Yard Coordinator) for each
RDO that is taken. A new Employee will not be eligible to use his/her partial
RDO.

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15.10 All banked RDO's will be paid out to the employee as part of the last pay before
Christmas every year unless otherwise agreed by the employee and
Ecodynamics Services prior to the last pay date before Christmas.

16. Rest Breaks - Blower, Slinger & Hydroseeding employees only

16.1 Rest breaks must be taken (where reasonable and practical) at a time to coincide
with any requirements to take a break under fatigue management rules or
regulations as specified in the National Heavy Vehicle Regulator (NHVR) rules.
A rest break is a 15-30 minute unpaid break that does not count as time
worked.

16.2 A period of not less than 15 Minutes rest, not more than five and a quarter
hours after commencing work.
A period of not less than 15 Minutes rest, not more than seven and a half hours
after commencing work.
A period of not less than 30 Minutes rest, not more than ten and a half hours
after commencing work

16.3 Rest Period After Overtime. Where it is necessary to work extended overtime,
it is agreed that no Employee shall resume or continue to work without having
had ten consecutive hours off duty between the termination of the overtime
and the commencement of the Employee's o r dinary work on the next day or
shift.

1 7. Meal Break Allowance

Where a period of overtime is more than two hours, an Employee will be paid a
meal break allowance in lieu of stopping work for this break as per SCHEDULE
C - ALLOWANCES.

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PART VI - LEAVE & PUBLIC H OLIDAYS
18. Standard Daily Leave Hours
Blower, Slinger & Hydroseeding Employee - Nine Day Fortnight Leave
Entitlements. For employees working the 81 hour 9 day fortnight roster, the
leave entitlement described expressed in weeks is taken to mean 40.5 hours
and where days is taken to mean 9 hours in accordance with their rostered
ordinary hours.

Yard Coordinator Employee - Nineteen Day 4 weekly Leave Entitlements. For

employees working the 160 hour 19 day 4 weekly r oster, the leave entitlement
described expressed in weeks is taken to mean 40 hours and where days is
taken to mean 8 hours in accordance with their rostered ordinary hours.

19. Annual Leave and Christmas Closedown

19.1 Annual Leave

19 . 1. 1 The parties acknowledge that it is not beneficial for Employees to have

extensive periods of work without taking annual leave. Employees ( other than
a casual Employee) will accrue annual leave entitlements at the rate of fou r
weeks per year of continuous se rvice in accordance with the FW Act. For
employees working the 81 hour 9 day fortnight roster, the Annual Leave
entitleme nt of 4 weeks is converted to 160 hour s in accordance with their
rostered ordinary hour s .

19. 1.2 The balance of an Employee's accrued entitlements should be taken at

mutually convenient times. No greater than 6 weeks of annual leave is to be
accrued at any one time unless with prior agreement with Ecodynamics
Services.

19.1.3 Annual Leave is paid at the base rate being paid to the Employee as set out in
SCHEDULE B -PAY RATES plus 17½ % loading.

19.1.4 Annual leave may be cashed out in accordance with the ECO HRP-04 7 Group
Leave Procedure.

19.2 Christmas Closedown

It is agree d that whenever annual leave is to be taken in conjunction with the

Christmas / New Year period, it is to be taken in accordance with the following
procedure:

19 .2.1 Eco dynamics Services may observe a Christmas-New Year closedown and
may require Employees to take some annual leave at this time.

19.2.2 Employees who have not accrued sufficient pro rata annual leave prior to the
commencement of the Christmas / New Year period will be required to take
paid annual leave to the full amount accrued and leave without pay for the
remaining period of the closedown.

19.2.3 Notwithstanding anything elsewhere contained in this Agreement,

Ecodynamics Services may require any Employee to work in unforeseen or
emergency circumstances during the Christmas period on an essential project.
In any such event Ecodynamics Services shall endeavour to provide as much
notice as possible, ideally one week of the intention to so work.

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19.2.4 Where an Employee requests that annual leave be allowed in one continuous
period at Christmas, such a request shall not be unreasonably refused.

20. Personal Leave (also known as Sick Leave or Carers Leave)

20.1 Permanent Employees will accrue Personal leave in accordan~e with the NES.

20.2 An Employee's entitlement to paid Personal leave accrues progressively during

a year of service according to the number of ordinary hours worked and
accumulates from year to year.

20.3 An Employee will be granted Personal leave up to the limit of his/her accrued
entitlement if: -
(a) he/she is absent from work due to personal illness or injury (other than injury
covered by Worker's Compensation), or

(b) he/she is required to care for an ill or injured family member or household
member,subjectto:

20.3.1 The Employee notifying Ecodynamics Services within 24 hours of the

commencement of sick leave; and

20.3.2 Providing evidence that would satisfy a reasonable person, such as a

certificate from a medical professional or a statutory declaration, that the
leave was taken for a permissible reason.

20.4 If a terminated Employee is re-engaged by Ecodynamics Services within a

period of 6 months, the Employee's unclaimed sick leave from the previous
engagement will continue from the date of re-engagement.

20.5 Personal leave is paid at the Employees' base rate for their classification as set
out in SCHEDULE B -PAY RATES.

21. Parental Leave

21.1 Unpaid parental leave will be dealt with in accordance with the NES and
applicable legislation.

21.2 Paid parental leave will be dealt with in accordance with the NES and
applicable legislation.

22. Compassionate Leave

22.1 Permanent Employees will be entitled to two days paid leave at the ordinary
rate in the event of the death of an immediate family member. Meaning of
"immediate family member" is as defined under the Fair Work Act 2009.
Further unpaid leave may be granted upon application. The Employee will
provide Ecodynamics Services with substantiating documentation if
requested.

22.2 Casual Employees are entitled to unpaid compassionate leave in accordance

with the NES.

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23. Jury Service

23.1 A permanent Employee called for jury service during ordinary working hours
will be reimbursed by Ecodynamics Services an amount equal to the difference
between the amount paid by the Court and the amount of ordinary rate
earnings he/she would have received for the ordinary time hours expended at
the Court.

23.2 The Employee will provide Ecodynamics Services with proof of attendance,
duration of attendance and amount received in respect thereof.

23.3 Jury Service is paid at the Employees' base rate for their classification as set
out in SCHEDULE B -PAY RATES.

24. Public Holidays

24.1 The following are public holidays on the day they are celebrated in Victoria for
the purpose of this Agreement and as listed on
https://business.vic.gov.au/business-information/public-holidays/victorian-
public-holidays :

1. New Year Day

2. Australia Day
3. Labour Day
4. Good Friday
Holy Saturday - Celebrated on the Saturday - not a paid public holiday
Easter Sunday - Celebrated on the Sunday- not a paid public holiday
5. Easter Monday
6. Anzac Day - Celebrated on the day it occurs - not a paid public holiday if this
falls on a weekend
7. Queen's Birthday
8. Friday before the AFL Grand Final (if gazetted as a public holiday)
9. Melbourne Cup
10.Boxing Day
1 I.Christmas Day

24.2 If, under a law of Victoria, a day or part-day is substituted for one of the public
holidays referred to above, then only the substitute day or part-day is the
public holiday for the purpose of this Agreement.

24.3 An Employee is entitled to be absent from his or her employment on a day or

part-day that is a public holiday in the place where the Employee is based for
work purposes. An Employee (other than a casual employee) will be entitled to
the public holiday paid at ordinary rates.

25. Long Service Leave

Long Service Leave benefits will be as required by the relevant Victorian Long
Service Leave legislation.

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PART VII - GENERAL EMPLOYMENT ARRANGEMENTS
26. Clothing Issue, Safety Footwear and Equipment
26.1 Personal Protective Equipment - Permanent Employees

26.1 .1 All permanent Employees will be issued with Personal Protective Equipment
(PPE) as per the ECO HRP-046 Group Uniform Guide.

26.1.2 Safety boots will be replaced on a fair wear and tear basis. Replacement
value on work boots is $190. Boots with a value above $190, as selected by the
employee, will require the employee to contribute the amount over $190.

27. No Extra Claims

27.1 This Agreement is intended to deal comprehensively with all the matters which
pertain to the employment relationship between Ecodynamics Services and its
Employees. The parties acknowledge and agree that the Agreement is in full
and final settlement of all matters, claims and demands however described
whether or not any matter, claim or demand is specifically addressed within
the Agreement.

2 7.2 The parties will not, during the term of this Agreement, pursue any further
claims about any matter which pertains to the employment relationship. The
parties further undertake to not, during the life of this Agreement, initiate any
industrial action.

28. Agreement Flexibility

28.1 An employer and employee covered by this enterprise agreement may agree to
make an individual flexibility arrangement to vary the effect of terms of the
agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer and employee in
relation to 1 or more of the matters mentioned in paragraph (a); and
( c) the arrangement is genuinely agreed to by the employer and employee.

28.2 The employer must ensure that the terms of the individual flexibility
arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) result in the employee b eing better off overall than the employee would be if no
arrangement was made.

28.3 The employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee is under 18 years
of age, signed by a parent or guardian of the employee; and
( d) includes details of:
(i) the terms of the enterprise agreement that will be varied by the
arrangement; and

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 (ii) how the arrangement will vary the effect of the terms; and
(iii) how the employee will be better off overall in relation to the terms
and conditions of his or her employment as a result of the
arrangement; and
(e) states the day on which the arrangement commences.

28.4 The employer must give the employee a copy of the individual flexibility
arrangement within 14 days after it is agreed to.

28.5 The employer or employee may terminate the individual flexibility

arrangement:
(a) by giving no more than 28 days written notice to the other party to the
arrangement;
or
(b) if the employer and employee agree in writing - at any time.

29. Consultation Term

29.1 This term applies ifEcodynamics Services:
(a) has made a definite decision to introduce a major change to production,
program, organisation, structure or technology in relation to its enterprise
that is likely to have a significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of work
of employees.

29.2 Major change

For a major change referred to in paragraph (29.l)(a):
(a) Ecodynamics Services must notify the relevant employees of the decision to
introduce the major change; and
(b) subclauses (29.3) to (29.9) apply.

29.3 The relevant employees may appoint a representative for the purposes of the
procedures in this term.

29.4 If:
(a) a relevant employee appoints, or relevant employees appoint, a representative
for the purposes of consultation; and
(b) the employee or employees advise Ecodynamics Services of the identity of the
representative;

Ecodynamics Services must recognise the representative.

29.5 As soon as practicable after making its decision, Ecodynamics Services must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures Ecodynamics Services is taking to avert or mitigate the
adverse effect of the change on the employees; and
(b) for the purposes of the discussion-provide, in writing, to the relevant
employees:
(i) all relevant information about the change including the nature of the
change proposed; and
(ii) information about the expected effects of the change on the
employees; and
(iii) any other matters likely to affect the employees.

23 Ecodynamics Services Enter prise Agreement 2021 • 2024 =::::==:::::::,

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29.6 However, Ecodynamics Services is not required to disclose confidential or
commercially sensitive information to the relevant employees.

29. 7 Ecodynamics Services must give prompt and genuine consideration to matters
raised about the major change by the relevant employees.

29.8 If a term in this agreement provides for a major change to production,

program, organisation, structure or technology in relation to the enterprise of
Ecodynamics Services, the requirements set out in paragraph (26.2)(a) and
subclauses (26.3) and (26.5) are taken not to apply.

29.9 In this term, a major change is likely to have a significant effect on employees
if it results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of Ecodynamics Services'
workforce or to the skills required of employees; or
(c) the elimination or diminution of job opportunities (including opportunities for
promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(t) the need to relocate employees to another workplace; or
(g) the restructuring ofjobs.

29.10 Change to regular roster or ordinary hours of work

For a change referred to in paragraph (29.l)(b):
(a) Ecodynamics Services must notify the relevant employees of the proposed
change;and
(b) subclauses (30.11) to (30.15) apply.

29.11 The relevant employees may appoint a representative for the purposes of the
procedures in this term.

29.12 If:
(a) a relevant employee appoints, or relevant employees appoint, a representative
for the purposes of consultation; and
(b) the employee or employees advise Ecodynamics Services of the identity of the
representative;

Ecodynamics Services must recognise the representative.

29.13 As soon as practicable after proposing to introduce the change, Ecodynamics

Services must:
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purposes of the discussion-provide to the relevant employees:
(i) all relevant information about the change, including the nature of the
change; and
(ii) information about what Ecodynamics Services reasonably believes will
be the effects of the change on the employees; and
(iii) information about any other matters that Ecodynamics Services
reasonably believes are likely to affect the employees; and
(c) invite the relevant employees to give their views about the impact of the change
(including any impact in relation to their family or caring responsibilities).

29.14 However, Ecodynamics Services is not required to disclose confidential or

commercially sensitive information to the relevant employees.

29.15 Ecodynamics Services must give prompt and genuine consideration to matters
raised about the change by the relevant employees.

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29.16 In this term:

relevant employees means the employees who may be affected by a change

referred to in subclause (26.1).

30. Renegotiation of the Agreement

Three months before the nominal expiry date of the Agreement, the parties to
the Agreement will commence negotiation of a new Agreement to replace this
Agreement.

31. Payroll Deductions

An Employee may request in writing that Ecodynamics Services make up to 2
deductions from the Employee's after-tax pay to a third-party bank account.
Ecodynamics Services will comply with such request provided that the
payments are permitted under the Fair Work Act and the applicable Building
and Procurement Codes.

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SIGNATORIES:

Signed on beh~lf o the Employees of Ecodynamics Services Pty Ltd

.
Signature........ ~~.............................................. Date - 23 Sept 2021
~

Full Name - LachlLe~ Christian Jaacks Position -Team Leader

Address - 29 Elms Road MooroolbarkVic. 3138

Signed on behalf of the Employees of Ecodynamics Services Pty Ltd

. ~~ ..-·· ........................................... Date- 23 Sept 2021

S1gnature....~~·~·
Full Name - Cameron Smith Position - Team Leader ..
Address - 6 Scent Bark Way Garfield Vic. 3814

Signed on behalf of the Employees ofEcodynamics Services Pty Ltd

Signatu~ ......................•.........•................. Date - 23 Sept 2021

Full Name - Jasper Morrell Position -Trainer

Address - 975 Mt Dandenong Tourist Road Montrose Vic. 3765

Full Name - Elliot James Lumsden Position - Organiser

Address - 6 Flame Robin Place Endeavour Hills Vic. 3802

Signature... ).+:. . . . .. . . . . ..... . . . .

Signed on behalf of the Employees of Eco dynamics Services Pty Ltd

~..
Full Name- Craig Gl don Singleton
Date - 23 Sept 2021

Position -Trainer

Address - 20 St Elmo Avenue Ferntree Gully Vic 3156

.... ~................................ Date - 23 Sept 2021

Full Name -Jason Davenport Position - General Manager

Address - 58 Mather Road Mt Eliza Vic 3930

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SCHEDULE A - Classification Structure

CLASSIFICATION LEVEL POSITION / DUTIES

LEVEL lA
Trainee In training

LEVEL lB
Crew Member Member of blower truck or
hydroseedin2: team
LEVEL2
Blower Assistant Blower Worker
Slinger Assistant Slinger Worker
Hydroseeding Assistant Hydroseeding Worker

LEVEL3A
Blower Operator Operator of blower
Slinger Operator Operator of slinger
Hydroseeder Operator Operator of hydroseeder .

LEVEL3B
Organiser Organiser of blower, slinger or
hydroseederteam

LEVEL4
Team Leader Leader of trucks & crews

LEVELS
Field Coordinator Manage multiple trucks & crews
Manage plant & equipment
Train / Mentor our people on site

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SCHEDULE B - Pay Rates
• These rates apply from 1st Pay Period beginning 1 July 2021.

• All rates are for ordinary hours

• Overtime rates apply as per Clause 12
• Casual Loading - The rates below are for a permanent employee's
ordinary hours. Casual loading of 25% is added to these figures as
per Clause 4.4.5.

Yearl Year2 Year3

1 August 2021 !August 1 August 2023
- 30 July 2022 2022-30 -30July
July 2023 2024
Classification Hourly Base Hourly Base Hourly Base
Level Rate Rate Rate
4%increase 2.5% increase 2.5% increase
(Perm) (Perm) (Perm)
Level lA $24.07 $24.67 $25.28
Level lB $25.14 $25.77 $26.41
Level 2 $26.25 $26.91 $27.58
Level 3A $28.44 $29.16 $29.88
Level 3B $30.63 $31.39 $32.18
Level 4 $32.82 $33.64 $34.48
Level5 $35 .01 $35.88 $36.78

28 Ecodynamics Services Enterprise Agreement 2021 - 2024

SCHEDULE C - Allowances

The following allowances will be paid as specified in this Agreement:

Allowances
Allowance as additional Clause Payment Unit
payment
Living Away From Home $1050,or Per week,
- accommodation and 8 or
board $150 Pernh?:ht
Living Away From Home Per night
8 $120
- boardonlv
Travel in own vehicle
directly to site to 7 $25 Per day
commence work
Travel in own vehicle Per
7 $0.78 kilometre
between sites
Meal Allowance (food) (to
b e assessed in July against 17 $ 20.00 Each
CPI annually)

29 Ecodynamics Services Enter prise Agreement 2021 - 2024

 ecoDynamics
22nd September 2021

Ecodynamics Services
IN THE FAIR WORK COMMISSION ACN 102 359 213

890 Mountain Highway

Bayswater VIC 3153
ecodynamics.com.au
FWC Matter No.:

AG2021/7324

Applicant:

Ecodynamics Services Pty Ltd

Section 185-Application for approval of a single enterprise agreement

Undertaking -Section 190

1, Jason Davenport, General Manager have the authority given to me by Ecodynamics Services Pty Ltd
to give the following undertakings with respect to the Ecodynamics Services Enterprise Agreement
2021-2024 (''the Agreement"):

1. Clause 12. Overtime

No Employee will work more than 12 hours of overtime in one week.

This undertaking is provided on the basis of issues raised by the Fair Work Commission in the
application before the Fair Work Commission.

z
Name: Jason Davenport

General Manager, Ecodynamks Sen,kes Pty Ltd

\~~~
Signature

l1- ~£P{ ML\

Date

creating Greener futures