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

[2014] FWCA 5460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christie & Wills Pty Ltd T/A The Heat Pump Shop
(AG2014/6193)

CHRISTIE & WILLS PTY LTD ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 11 AUGUST 2014

Application for approval of the Christie & Wills Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Christie & Wills Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made by Christie & Wills Pty Ltd T/A The Heat Pump Shop pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 18 August 2014. The nominal expiry date of the Agreement is 17 August 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Christie & Wills Pty Ltd, trading as The Heat Pump Shop, and its employees. The matter was heard in the Fair Work Commission of Australia. The company sought approval for the Christie & Wills Pty Ltd Enterprise Agreement 2014, which aimed to set out the terms and conditions of employment for its workers.

The central legal issue before the court was whether the agreement met the necessary criteria under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a "genuine" enterprise agreement, as defined by the Act. This involved assessing whether the agreement was made without coercion, contained only mandatory terms, and was supported by a majority of the employees in the relevant enterprise.

The court carefully examined the process by which the agreement was formed and the evidence provided regarding employee support. It considered whether the agreement was made in good faith and whether it complied with the statutory requirements. Ultimately, the court found that the agreement was genuine and met all the necessary criteria. The court was satisfied with the process followed and the level of employee participation, leading to the approval of the agreement.

As a result, the Christie & Wills Pty Ltd Enterprise Agreement 2014 was approved by the court. This decision ensures that the agreement will govern the employment conditions for the workers in the specified enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established