DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kirby HVAC&R Pty Ltd
(AG2021/4115)

KIRBY HVAC&R PTY LTD NATIONAL DISTRIBUTION CENTRE AND OPERATIONS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 MARCH 2021

Application for approval of the Kirby HVAC&R Pty Ltd National Distribution Centre and Operations Enterprise Agreement 2021.

[1] Kirby HVAC&R Pty Ltd has made an application for approval of an enterprise agreement known as the Kirby HVAC&R Pty Ltd National Distribution Centre and Operations Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 March 2021 and, in accordance with s 54, will operate from 24 March 2021. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kirby HVAC&R Pty Ltd applied to the Fair Work Commission for approval of the Kirby HVAC&R Pty Ltd National Distribution Centre and Operations Enterprise Agreement 2021. The application was contested by the Australian Manufacturing Workers Union (AMWU). The dispute centred on the terms and conditions of employment, the scope of the agreement, and whether it met the requirements of the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement complied with the provisions of the Fair Work Act, particularly sections concerning good faith bargaining and the coverage of the agreement. Additionally, the court had to consider if the agreement adequately protected the rights of employees and whether the process of bargaining was conducted fairly and in good faith. The AMWU argued that the agreement did not appropriately address certain employee entitlements and that the bargaining process was flawed.

In delivering its decision, the Fair Work Commission found that the Kirby HVAC&R Pty Ltd National Distribution Centre and Operations Enterprise Agreement 2021 was compliant with the relevant provisions of the Fair Work Act. The Commission noted that the agreement contained all necessary terms and conditions, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also determined that the bargaining process was conducted in good faith and that the agreement appropriately balanced the interests of both employers and employees. Consequently, the application for approval was upheld.

The Fair Work Commission approved the Kirby HVAC&R Pty Ltd National Distribution Centre and Operations Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms of the employees covered by the agreement.

Kirby HVAC&R Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established