Drip Services Pty Ltd Summary

[2013] FWCA 8319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Drip Services Pty Ltd
(AG2013/10754)

DRIP SERVICES KARARA OPERATIONS ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 24 OCTOBER 2013

Application for approval of the Drip Services Karara Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Drip Services Karara Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Drip Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2013. The nominal expiry date of the Agreement is 24 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Drip Services Pty Ltd, applied for an approval of the Drip Services Karara Operations Enterprise Agreement 2013. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009, as a registered agreement that meets the requirements of the Act. The dispute centred on the application's compliance with the legislative requirements and its fairness to the employees.

The legal issues before the Commission included whether the application for approval was made in accordance with the relevant provisions of the Fair Work Act and whether the agreement met the necessary criteria for approval. Specifically, the Commission needed to consider whether the agreement provided for the terms and conditions of employment of the employees in a manner that was fair and reasonable. The Commission also had to determine whether the agreement included the mandatory terms specified in the Fair Work Act and whether it complied with the good faith bargaining requirement.

After considering the submissions from both the applicant and the respondents, the Commission found that the application for approval was made in accordance with the requirements of the Fair Work Act. The Commission was satisfied that the agreement contained all the mandatory terms and that it was the product of genuine and good faith bargaining. The Commission also found that the agreement was fair and reasonable, and that it met the criteria for approval under the Act. Accordingly, the Commission approved the Drip Services Karara Operations Enterprise Agreement 2013.

Drip 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