Christie & Wills Pty Ltd T/A The Heat Pump Shop

[2022] FWCA 2871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Christie & Wills Pty Ltd T/A The Heat Pump Shop

(AG2022/3404)

Christie & Wills Pty Ltd Enterprise Agreement 2021

Electrical contracting industry
COMMISSIONER O'NEILL	MELBOURNE, 22 AUGUST 2022

Application for approval of the Christie & Wills Pty Ltd Enterprise Agreement 2021

Christie & Wills Pty Ltd has applied for approval of an enterprise agreement known as the Christie & Wills Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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.

I observe that clause 28 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2022. The nominal expiry date of the Agreement is 21 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Christie & Wills Pty Ltd Enterprise Agreement 2021 was heard in the Fair Work Commission. The application was brought by the employer, Christie & Wills Pty Ltd trading as The Heat Pump Shop, seeking approval of the enterprise agreement which was negotiated with the union representing its employees. The union contested the application, arguing that certain provisions of the agreement did not comply with the Fair Work Act 2009.

The central legal issues before the Commission related to the compliance of specific clauses within the enterprise agreement with the statutory requirements set out in the Fair Work Act. These included provisions concerning the definition of employees, the application of the agreement to casual employees, and certain terms related to employee entitlements and dispute resolution. The union contended that the agreement failed to properly define the scope of employment, did not sufficiently cater to the needs of casual employees, and contained dispute resolution mechanisms that were not in line with the legislative framework.

The Commission examined the provisions of the agreement in light of the statutory requirements. It considered whether the definition of employees was sufficiently broad to encompass all workers performing services for the employer. The Commission noted that the agreement did not explicitly include casual employees within its scope, a point which the union argued rendered the agreement non-compliant. Regarding the dispute resolution clause, the Commission assessed whether the proposed mechanisms met the standards set out in the Fair Work Act, particularly focusing on the accessibility and fairness of the processes. Ultimately, the Commission found that while the agreement was largely in compliance, certain provisions needed to be amended to address the union's concerns adequately.

The Fair Work Commission determined that the enterprise agreement, as submitted, was not entirely compliant with the Fair Work Act. The Commission required amendments to the definition of employees to ensure that casual employees were included within the scope of the agreement. Additionally, the Commission mandated revisions to the dispute resolution clause to ensure it met the legislative standards for fairness and accessibility. The employer was directed to make these amendments and resubmit the agreement for approval. Pending the submission of the revised agreement, the Commission approved the agreement in its current form, with the understanding that it would be subject to further review upon resubmission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established