Eirinn Gas & Water Pty Ltd
[2023] FWCA 2907
•11 SEPTEMBER 2023
| [2023] FWCA 2907 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Eirinn Gas & Water Pty Ltd
(AG2023/2892)
EIRINN GAS & WATER PTY LTD ENTERPRISE AGREEMENT 2023 – 2027
| Plumbing industry | |
| COMMISSIONER CONNOLLY | MELBOURNE, 11 SEPTEMBER 2023 |
Application for approval of the EIRINN GAS & WATER PTY LTD ENTERPRISE AGREEMENT 2023 – 2027
An application has been made for approval of an enterprise agreement known as the EIRINN GAS & WATER PTY LTD ENTERPRISE AGREEMENT 2023 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Eirinn Gas & Water Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 30 August 2023.
The notification time for the Agreement under s.173(2) was 7 July 2023 and the Agreement was made on 11 August 2023. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]
On 31 August 2023, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.
The Applicant has provided written undertakings, dated 7 September 2023, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.
I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.
The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 17 September 2027.
COMMISSIONER
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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