Heat Tech Australia Pty Ltd Summary

[2018] FWCA 6768

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Heat Tech Australia Pty Ltd

(AG2018/3267)

Heat Tech Australia Pty Ltd Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 1 NOVEMBER 2018

Application for approval of the Heat Tech Australia Pty Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Heat Tech Australia Pty Ltd Enterprise Agreement 2018 (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.

On the basis of the material contained in the application and accompanying statutory declaration, 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.

The Agreement was approved on 1 November 2018 and, in accordance with s.54, will operate from 8 November 2018. The nominal expiry date of the Agreement is 8 November 2022.

DEPUTY PRESIDENT

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 an Enterprise Agreement entered into with its employees. The company argued that the agreement contained terms that were fair and reasonable, and that it had been negotiated in good faith. The application was opposed by a union on the basis that certain terms of the agreement were unfair and unreasonable. The Fair Work Commission had to determine whether the agreement contained terms that were fair and reasonable and whether the agreement had been negotiated in good faith.

The legal issues before the commission were whether the terms of the agreement were fair and reasonable, and whether the agreement had been negotiated in good faith. The commission considered whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that the agreement be negotiated in good faith and that the terms be fair and reasonable. The commission also considered whether the agreement complied with the relevant provisions of the Fair Work Regulations 2009.

The commission found that the agreement contained terms that were fair and reasonable, and that the agreement had been negotiated in good faith. The commission noted that the agreement provided for a number of benefits to employees, including increased pay and improved conditions of work. The commission also found that the agreement complied with the relevant provisions of the Fair Work Act and Regulations. The commission approved the agreement, and it came into effect on 1 January 2019.

Heat Tech Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established