Air Radiators Pty Ltd

[2013] FWCA 5354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Air Radiators Pty Ltd
(AG2013/7632)

AIR RADIATORS PTY LTD (ABN 66 005 037 856) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 AUGUST 2013

Application for approval of the Air Radiators Pty Ltd (ABN 66 005 037 856) Enterprise Agreement 2013.

[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 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Air Radiators Pty Ltd. 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] An undertaking has been given in relation to clauses 30 and 31 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 9 August 2013. The nominal expiry date of the Agreement is 8 August 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Air Radiators Pty Ltd sought approval of its Enterprise Agreement 2013, which was a matter that came before the Fair Work Commission. The dispute involved the company's employees and the terms and conditions of their employment as outlined in the proposed agreement. The legal issues before the court were centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its compliance with the "better off overall test." This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions.

The court examined the proposed agreement in detail, considering various factors such as the changes in wages, conditions, and the overall impact on the employees. The company argued that the new agreement provided for better terms and conditions, including wage increases and improved working conditions, while the employees' representative contended that the agreement did not sufficiently address their concerns. The court weighed these arguments and assessed whether the proposed changes indeed made the employees better off overall. It considered the evidence provided by both parties and the broader context of the industry and economic conditions.

After thorough deliberation, the court determined that the Air Radiators Pty Ltd Enterprise Agreement 2013 did satisfy the better off overall test. The court found that the proposed changes led to overall improvements for the employees, including increased wages and better working conditions, thus meeting the statutory requirements. Consequently, the court approved the agreement, allowing it to come into effect as per the terms outlined. This decision was based on a detailed analysis of the evidence and a careful application of the relevant legal principles under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established