Heatcraft Australia Pty Ltd T/A Heatcraft Australia

[2017] FWCA 6554

FAIR WORK COMMISSION

CORRECTION TO decision

Fair Work Act 2009

s.185—Enterprise agreement

Heatcraft Australia Pty Ltd T/A Heatcraft Australia

(AG2017/4911)

Heatcraft Australia Pty Ltd., National Distribution Centre and Operations Enterprise Agreement 2017

Manufacturing and associated industries
commissioner mckinnon	MELBOURNE, 9 JANUARY 2018

Application for approval of the Heatcraft Australia Pty Ltd., National Distribution Centre & Operations Enterprise Agreement 2017.

The decision issued by the Fair Work Commission on 7 December 2017 [[2017] FWCA 6554] is corrected as follows:

By deleting paragraph [4] in its entirety and renumbering paragraphs [5], [6] and [7] as [4], [5] and [6] respectively.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on the approval of a new enterprise agreement between Heatcraft Australia Pty Ltd and its employees. The agreement in question was the Heatcraft Australia Pty Ltd, National Distribution Centre and Operations Enterprise Agreement 2017. This agreement was to be applied to the manufacturing and associated industries sector. Commissioner McKinnon presided over the matter in Melbourne on 9 January 2018.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the interests of the employees, complied with the procedural requirements, and was consistent with the provisions of the Act. Commissioner McKinnon reviewed the submissions and evidence provided by both parties, and considered whether the agreement was fair and reasonable.

The Commission found that the proposed agreement was fair and reasonable, and that it met the requirements of the Act. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other benefits. The Commission also found that the agreement complied with the procedural requirements of the Act, and that it was consistent with the objectives of the Act. As a result, the Commission approved the Heatcraft Australia Pty Ltd, National Distribution Centre and Operations Enterprise Agreement 2017.

The Commission issued a corrected decision on the matter, deleting paragraph [4] and renumbering the remaining paragraphs accordingly. The approved agreement now stands as a valid and binding enterprise agreement between Heatcraft Australia Pty Ltd and its employees. The decision of the Commission is final and binding, and may not be challenged in any court or tribunal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established