DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smardt Chillers Pty Ltd
(AG2021/4870)

SMARDT CHILLERS PTY LTD COLLECTIVE AGREEMENT 2021 - 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 12 MAY 2021

Application for approval of the Smardt Chillers Pty Ltd Collective Agreement 2021 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Smardt Chillers Pty Ltd Collective Agreement 2021 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Smardt Chillers Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 19 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Smardt Chillers Pty Ltd is the subject of an application before the Fair Work Commission, seeking approval of the Smardt Chillers Pty Ltd Collective Agreement 2021-2023. The application was brought by the employer, Smardt Chillers Pty Ltd, in accordance with the Fair Work Act 2009. The nature of the dispute concerns the terms and conditions of employment for the company’s workers, as set out in the proposed collective agreement.

The legal issues before the Commission involved the assessment of whether the collective agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission was required to determine whether the agreement contained terms and conditions that were consistent with the provisions of the Act, including ensuring that the agreement did not undermine the basic rights of employees, such as the right to fair remuneration and reasonable working hours. The Commission also had to consider whether the agreement had been negotiated in good faith and whether it provided for adequate dispute resolution mechanisms.

In evaluating the application, the Commission considered submissions from both the employer and the employees’ representative, along with relevant legislative and regulatory provisions. The Commission found that the proposed agreement met the legislative requirements for approval. It was determined that the agreement was negotiated in good faith, contained terms that were consistent with the basic rights of employees, and provided for effective dispute resolution mechanisms. Consequently, the Commission approved the collective agreement, confirming its compliance with the necessary legal standards.

As a result of the Commission's decision, the Smardt Chillers Pty Ltd Collective Agreement 2021-2023 has been approved and is now in effect. This decision ensures that the terms and conditions of employment for the workers are legally compliant and adequately protect the interests of both the employer and the employees.

Smardt Chillers 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