Eirinn Gas & Water Pty Ltd Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Eirinn Gas & Water Pty Ltd and its employees, represented by the United Voice union. The employees sought approval of an enterprise agreement that was proposed to cover the period 2023 to 2027. The central issue was whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009. Specifically, the commission had to determine if the agreement met the criteria for being a "single interest" agreement, which is necessary for it to be approved.

The legal issues the commission considered included whether the agreement contained terms that were sufficiently "fair and reasonable" and whether it appropriately balanced the interests of the employees and the employer. The commission also needed to assess if the agreement provided for adequate mechanisms for resolving disputes and if it met the "no-disadvantage" test, ensuring that the employees were not placed at a worse position than they were under the previous award or agreement. The commission examined the fairness of the proposed terms and conditions, including wages, hours of work, and other employment conditions, in light of the prevailing economic conditions and the need to maintain a sustainable business.

After reviewing the evidence and submissions from both parties, the commission found that the proposed enterprise agreement met the statutory requirements for approval. The commission determined that the agreement was fair and reasonable, and that it appropriately balanced the interests of both the employees and the employer. The agreement provided for adequate mechanisms for resolving disputes and met the no-disadvantage test. The commission approved the agreement, which will now govern the employment conditions of the employees for the next four years.

The commission made orders approving the Eirinn Gas & Water Pty Ltd Enterprise Agreement 2023-2027 as a registered agreement under the Fair Work Act. The agreement will be registered and will have effect from the date of the decision, ensuring that the terms and conditions set out in the agreement apply to the employees of Eirinn Gas & Water Pty Ltd.

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