DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Radiators Pty Ltd
(AG2020/2699)

AIR RADIATORS PTY LTD (ABN 66 005 037 856) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 SEPTEMBER 2020

Application for approval of the Air Radiators Pty Ltd (ABN 66 005 037 856) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Air Radiators Pty Ltd (ABN 66 005 037 856) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Air Radiators Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 September 2020 and, in accordance with s.54, will operate from 1 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Air Radiators Pty Ltd recently applied to the Fair Work Commission for approval of an enterprise agreement. The application was opposed by the Australian Manufacturing Workers' Union, representing the employees of the company. The dispute centred on several aspects of the proposed agreement, including the classification of employees, the rate of pay, and the conditions of work. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the proper classification of employees, if the terms of pay and conditions were fair and reasonable, and whether the agreement complied with the procedural requirements set forth in the Act. The Commission needed to assess if the agreement provided for a safety net of minimum terms and conditions and whether it had been negotiated in good faith. Additionally, the Commission had to consider if the agreement met the requirement of being a "better off overall test" for the employees.

The Commission found that the agreement adequately classified employees and provided for a safety net of minimum terms and conditions. It was determined that the rates of pay and conditions were fair and reasonable, and that the agreement had been negotiated in good faith. The Commission also concluded that the agreement met the "better off overall test" for the employees, as it provided for improvements in various aspects of their employment. As the agreement met all the necessary criteria, the Commission approved the enterprise agreement. The Fair Work Commission's decision ensures that the employees of Air Radiators Pty Ltd will benefit from the agreed terms and conditions, while also upholding the principles of fair and reasonable industrial relations.

Air Radiators 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