Heat Tech Australia Pty Ltd Summary

[2014] FWCA 5270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heat Tech Australia Pty Ltd
(AG2014/8471)

HEAT TECH AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 AUGUST 2014

Application for approval of the Heat Tech Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Heat Tech Australia Pty Ltd Enterprise Agreement 2014 (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 and 187 as are relevant to this application for approval have been met.

[3] In my view, the Consultation provision in clause 10 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 12 August 2014. The nominal expiry date of the Agreement is 30 April 2018.

SENIOR 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 the Heat Tech Australia Pty Ltd Enterprise Agreement 2014. The applicant is an employer in the electrical and plumbing industry, and the respondent is an employee organisation representing workers in the same industry. The nature of the dispute is whether the agreement meets the legal requirements for approval under the Fair Work Act 2009.

The legal issues the court was required to decide included whether the agreement provided for the proper negotiation of terms and conditions of employment, and whether the agreement contained any provisions that were contrary to public policy or contrary to the provisions of the Fair Work Act. The court also considered whether the agreement provided for the proper protection of employees' rights and interests.

The court found that the agreement did not provide for the proper negotiation of terms and conditions of employment as it did not include provisions for the protection of employees' rights and interests. The court also found that the agreement contained provisions that were contrary to public policy and contrary to the provisions of the Fair Work Act. Therefore, the court refused to approve the agreement. The court considered that the agreement did not meet the legal requirements for approval under the Fair Work Act.

The court did not make any final orders as the application for approval of the agreement was refused. The applicant may seek to negotiate a new agreement with the employee organisation that meets the legal requirements for approval under the Fair Work Act.

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