Heat Tech Australia Pty Ltd T/A Heat Tech Australia Pty Ltd

[2022] FWCA 4056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Heat Tech Australia Pty Ltd T/A Heat Tech Australia Pty Ltd

(AG2022/4684)

Heat Tech Australia Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 18 NOVEMBER 2022

Application for approval of the Heat Tech Australia Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Heat Tech Australia Pty Ltd Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2022. The nominal expiry date of the Agreement is 18 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heat Tech Australia Pty Ltd, trading as Heat Tech Australia Pty Ltd, applied for approval of the Heat Tech Australia Pty Ltd Enterprise Agreement 2022. The application was made to the Fair Work Commission, which heard the matter and issued a decision. The nature of the dispute centred around whether the proposed enterprise agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The agreement was intended to govern the terms and conditions of employment for Heat Tech Australia Pty Ltd's employees.

The key legal issues that the Commission had to address included whether the agreement provided for the mandatory minimum entitlements, if it was free from prohibited content, and whether the agreement had been genuinely negotiated between the employer and the employees. The Commission also considered whether the agreement would have a beneficial effect on the workplace relations system, including whether it promoted the efficient operation of the enterprise.

In its reasoning, the Fair Work Commission found that the proposed enterprise agreement met all the necessary criteria for approval. The agreement provided for the mandated minimum entitlements, was free from prohibited content, and was genuinely negotiated between the employer and the employees. The Commission also concluded that the agreement would have a beneficial effect on the workplace relations system by promoting efficient operation of the enterprise. Consequently, the application for approval of the Heat Tech Australia Pty Ltd Enterprise Agreement 2022 was approved, and the agreement is now legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established