Heatcraft Australia Pty Ltd

[2014] FWCA 7738

The attached document replaces the document previously issued with the above code on 31 October 2014.

The agreement title in the subject line and paragraph 1 of the Decision now refers to the “Heatcraft Australia Pty Ltd., National Distribution Centre and Operations Enterprise Agreement 2014”. The word “National” has been added.

C Gambrill

Associate to Senior Deputy President Drake

Dated 20 November 2014

[2014] FWCA 7738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heatcraft Australia Pty Ltd
(AG2014/9037)

HEATCRAFT AUSTRALIA PTY LTD., NATIONAL DISTRIBUTION CENTRE AND OPERATIONS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 31 OCTOBER 2014

Application for approval of the Heatcraft Australia Pty Ltd., National Distribution Centre and Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Heatcraft Australia Pty Ltd., National Distribution Centre and Operations Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Heatcraft Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 November 2014. The nominal expiry date of the Agreement is 7 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heatcraft Australia Pty Ltd applied to the Fair Work Commission for approval of the Heatcraft Australia Pty Ltd, National Distribution Centre and Operations Enterprise Agreement 2014. The respondents to the application were the relevant trade unions. The application was brought under section 232 of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the agreement met the "better off overall test" (BOOT) in section 230 of the Act. The Commission found that the agreement did meet the BOOT, and approved the agreement. The Commission was satisfied that the agreement would result in the employees being, on balance, better off than they would be if the agreement had not been made.

The Fair Work Commission gave reasons for its decision in a written judgement. The Commission found that the agreement contained provisions that would be beneficial to employees, including provisions that would result in improved wages and conditions for employees. The Commission also found that the agreement contained provisions that would be beneficial to the employer, including provisions that would result in improved productivity and efficiency. The Commission was satisfied that the benefits to employees outweighed the benefits to the employer, and that the agreement met the BOOT. The Commission approved the agreement, subject to certain conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established