DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Eirinn Gas & Water Pty Ltd
(AG2015/127)

EIRINN GAS & WATER PTY. LTD ENTERPRISE AGREEMENT 2014 - 2018

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 23 MARCH 2015

Application for approval of the Eirinn Gas & Water Pty. Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Eirinn Gas & Water Pty. Ltd Enterprise Agreement 2014 - 2018 (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 Applicant). 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 relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 12 March 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 23 March 2019.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Eirinn Gas & Water Pty Ltd, sought approval of an enterprise agreement with its employees. The application was contested by a number of unions representing the employees. The core dispute revolved around the terms and conditions of employment as outlined in the proposed agreement, with the unions raising concerns about the fairness and adequacy of certain provisions, particularly those related to pay rates, shift patterns, and redundancy entitlements.

The Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing the agreement against the criteria for authorisation, including the balance of rights and obligations, the process by which the agreement was made, and whether the agreement included certain minimum entitlements.

In its decision, the Commission considered the arguments presented by both parties, including submissions on the fairness of the agreement and the process by which it was negotiated. The Commission found that the agreement was made in good faith and was not contrary to public policy. It also concluded that the agreement provided for the protection of employees' rights and interests, including ensuring that employees were not worse off financially and were provided with adequate redundancy entitlements. Consequently, the Commission approved the application for the agreement to be registered.

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