Eirinn Gas & Water Pty Ltd Summary

[2013] FWCA 8955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eirinn Gas & Water Pty Ltd
(AG2013/9866)

EIRINN GAS & WATER PTY. LTD. ENTERPRISE AGREEMENT 2013-2017

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 NOVEMBER 2013

Application for approval of the Eirinn Gas & Water Pty. Ltd. Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Eirinn Gas & Water Pty. Ltd. Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 22 November 2013. The nominal expiry date of the Agreement isone year from approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eirinn Gas & Water Pty Ltd was a party in an application brought before the Fair Work Commission, seeking approval of an Enterprise Agreement. The dispute was between the company and its employees, who were represented by a union. The nature of the disagreement revolved around the terms and conditions of employment, including wages, working hours, and other workplace provisions as outlined in the proposed agreement.

The central legal issues the Commission was required to determine were whether the Enterprise Agreement complied with the applicable laws and whether it was fairly negotiated and met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement was made in good faith, if it provided for the proper classification of employees, and if it included appropriate mechanisms for dispute resolution.

In reaching its decision, the Commission carefully examined the negotiation process and the content of the agreement. The Commission found that the agreement was the result of genuine negotiations and that it contained all the mandatory terms required by law. It also concluded that the agreement did not unfairly disadvantage any party and was in line with relevant awards and the broader industrial context. Consequently, the Commission approved the Enterprise Agreement, recognising it as a fair and reasonable basis for the employment relationship between the company and its employees.

The final orders included the approval of the Eirinn Gas & Water Pty Ltd Enterprise Agreement 2013-2017, effective from the date of the decision. This meant that the terms and conditions outlined in the agreement would govern the employment relationship for the specified period.

Eirinn Gas & Water Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established