DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heat and Control Pty Ltd
(AG2015/6842)

HEAT AND CONTROL PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2015

Application for approval of the Heat and Control Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Heat and Control Pty Ltd Enterprise Agreement 2015 (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 of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heat and Control Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Heat and Control Pty Ltd Enterprise Agreement 2015. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, including provisions regarding minimum entitlements and the proper bargaining process. The dispute involved the validity of the agreement and whether it complied with statutory requirements.

The primary legal issue before the commission was whether the enterprise agreement complied with the Fair Work Act 2009. This involved scrutiny of whether the agreement met the prerequisites for proper bargaining, including whether it contained all the required terms and conditions of employment, and whether it provided for minimum entitlements as mandated by the Act. Additionally, the commission examined if there were any procedural irregularities in the agreement's formation.

The commission found that the agreement did not explicitly state certain minimum entitlements, thereby failing to meet the statutory requirements under the Fair Work Act 2009. The commission emphasised that an enterprise agreement must provide for minimum entitlements unless it is expressly excluded. Given this non-compliance, the application for approval was dismissed. The commission's decision was grounded in the necessity for explicit compliance with statutory obligations to ensure fairness and protection for employees.

No further orders were made by the commission beyond the dismissal of the application for approval of the enterprise agreement. The decision underscored the importance of precise compliance with the statutory framework governing enterprise agreements in Australia.

Heat and Control Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established