Landfill Gas and Power Pty Ltd

[2013] FWCA 1182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Landfill Gas and Power Pty Ltd
(AG2013/5025)

LANDFILL GAS AND POWER PTY LTD AGREEMENT 2012 (MANAGEMENT, PROFESSIONALS AND ADMINISTRATIVE SUPPORT STAFF)

Electrical power industry
COMMISSIONER WILLIAMS	PERTH, 21 FEBRUARY 2013

Application for approval of the Landfill Gas and Power Pty Ltd Agreement 2012 (Management, Professionals and Administrative Support Staff).

[1] An application has been made for approval of an enterprise agreement known as the Landfill Gas and Power Pty Ltd Agreement 2012 (Management, Professionals and Administrative Support Staff) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Landfill Gas and Power Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Pursuant to s.185(3)(b) of the Act, the Fair Work Commission extends the period for filing the application in this matter to the date on which the application was filed.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2013. The nominal expiry date of the Agreement is 31 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Landfill Gas and Power Pty Ltd applied for approval of the Landfill Gas and Power Pty Ltd Agreement 2012 (Management, Professionals and Administrative Support Staff) under section 234A of the Fair Work Act 2009. The application was made by the company to the Fair Work Commission. The dispute involved the terms and conditions of employment for management, professional, and administrative support staff within the company.

The central legal issue for the court was whether the terms and conditions outlined in the agreement were fair and reasonable in the context of the relevant industrial instruments, and whether the agreement complied with the statutory requirements under the Fair Work Act 2009. The court needed to determine if the proposed agreement provided fair terms and conditions for the employees and if it aligned with the legislative standards set for workplace agreements.

The Fair Work Commission examined the application thoroughly, considering the terms of the agreement, the relevant industrial instruments, and the statutory requirements for approval. The court found that the agreement provided fair and reasonable terms and conditions for the employees and that it was in line with the requirements of the Fair Work Act. The commission concluded that the proposed agreement met all necessary criteria and approved the application. The decision was based on the comprehensive review of the agreement's provisions and its alignment with the legal standards for workplace agreements.

The final orders of the court were to approve the Landfill Gas and Power Pty Ltd Agreement 2012 (Management, Professionals and Administrative Support Staff) under section 234A of the Fair Work Act 2009. This approval signified that the agreement was deemed fair and in compliance with the statutory requirements, thereby providing a legally binding framework for the employment terms and conditions of the specified staff within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established