Heat and Control Pty Ltd
[2024] FWCA 3616
•18 OCTOBER 2024
| [2024] FWCA 3616 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Heat and Control Pty Ltd
(AG2024/3776)
HEAT AND CONTROL PTY LTD ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 18 OCTOBER 2024 |
Application for approval of the Heat and Control Pty Ltd Enterprise Agreement 2024.
Heat and Control Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Heat and Control Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 17 April 2024 and the Agreement was made on 14 September 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 18 October 2024 and, in accordance with s.54, will operate from 25 October 2024. The nominal expiry date of the Agreement is 31 May 2026.
COMMISSIONER
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