Heat and Control Pty Ltd Summary

[2021] FWCA 5906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heat and Control Pty Ltd
(AG2021/7000)

HEAT AND CONTROL PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 21 SEPTEMBER 2021

Application for approval of the Heat and Control Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Heat and Control Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Heat and Control Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

[4]
The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heat and Control Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for their workers, as outlined in the proposed agreement. The Commission was tasked with ensuring that the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms of employment, and whether it complied with the relevant provisions of the Fair Work Act. The Commission considered various aspects, including the coverage of the agreement, the process by which it was negotiated, and the substantive terms of the agreement itself.

In its decision, the Commission found that the proposed agreement did indeed provide for fair and reasonable terms of employment. It noted that the agreement had been negotiated in good faith and covered a majority of the employees within the relevant bargaining unit. The Commission also found that the substantive terms of the agreement, including those relating to wages, hours of work, and other employment conditions, were fair and reasonable. Therefore, the Commission approved the Heat and Control Pty Ltd Enterprise Agreement 2021.

The Commission's decision provides guidance for employers and employees in similar industries regarding the negotiation and approval of enterprise agreements. It confirms that agreements that are negotiated in good faith and provide for fair and reasonable terms of employment will be approved by the Commission, provided they comply with the relevant provisions of the Fair Work Act.

Heat and Control Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established