DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heat Tech Australia Pty Ltd
(AG2021/3965)

HEAT TECH AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2021

Oil and gas industry
COMMISSIONER YILMAZ	MELBOURNE, 4 MARCH 2021

Application for approval of the Heat Tech Australia Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Heat Tech Australia 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 Tech Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 11 March 2021. The nominal expiry date of the Agreement is 3 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heat Tech Australia Pty Ltd applied to the Fair Work Commission for approval of its 2021 Enterprise Agreement. The agreement was entered into between Heat Tech Australia and the Australian Manufacturing Workers’ Union, representing the employees. The primary dispute centred on the fairness and reasonableness of various clauses within the agreement, particularly those relating to pay rates, hours of work, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission had to resolve included whether the agreement provided fair and reasonable terms and conditions for the employees, and if the agreement was genuinely negotiated. The Commission examined the process of negotiation, the fairness of the terms, and the extent to which the agreement met the standards of procedural and substantive fairness. The parties presented submissions and evidence regarding the negotiation process and the terms of the agreement.

In its decision, the Commission found that the agreement was genuinely negotiated and contained terms and conditions that were fair and reasonable. The Commission noted the efforts made by both parties to reach an agreement through good faith negotiations and the provision of comprehensive information. The Commission also considered the economic context and the specific needs of the employees. Consequently, the Commission approved the agreement, finding it to meet all legal requirements for approval under the Fair Work Act. The Commission's decision was based on the evidence presented and the legal standards applicable to enterprise agreements.

The Fair Work Commission approved the Heat Tech Australia Pty Ltd Enterprise Agreement 2021, confirming its compliance with the statutory requirements. The agreement was therefore to be binding on the parties and enforceable as an enterprise agreement under the Fair Work Act.

Heat Tech Australia 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