DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eirinn Gas & Water Pty Ltd
(AG2019/1799)

EIRINN GAS & WATER PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
COMMISSIONER BISSETT	MELBOURNE, 9 JULY 2019

Application for approval of the Eirinn Gas & Water Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Eirinn Gas & Water Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eirinn Gas & Water Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2019. The nominal expiry date of the Agreement is 8 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Eirinn Gas & Water Pty Ltd, the Fair Work Commission was presented with an application to approve an enterprise agreement proposed between the company and its employees. The application was brought by the company under the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions outlined in the proposed agreement, which aimed to govern the employment relationship between the company and its workforce from 2019 to 2023. The legal issues that the Fair Work Commission needed to address included whether the agreement met the criteria for registration under the Act and whether it provided for fair and reasonable terms and conditions.

The Commission considered the fairness and reasonableness of the proposed agreement in light of various statutory criteria and relevant precedents. It examined whether the agreement provided adequate protections for employees, including those in vulnerable positions, and whether it adhered to the principles of the industrial relations system. The Commission also took into account submissions from both the company and the employees' representatives, weighing the merits and potential impacts of the proposed terms and conditions. After a thorough evaluation, the Commission found that the agreement met the necessary standards for approval, as it balanced the interests of both parties and adhered to the principles of fairness and reasonableness.

The Fair Work Commission approved the Eirinn Gas & Water Pty Ltd Enterprise Agreement 2019 - 2023, determining that it was fair and reasonable and met the criteria for registration under the Fair Work Act. The approval was based on the Commission's finding that the agreement provided for appropriate terms and conditions that were beneficial to both the company and its employees. The final orders included the registration of the agreement, which would now govern the employment relationship between the parties for the specified period. This decision ensured that the agreement would be legally binding, providing a stable framework for the workplace during the term of the agreement.

Eirinn Gas & Water Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established