DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Temperzone Australia Pty Ltd
(AG2021/165)

TEMPERZONE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 12 FEBRUARY 2021

Application for approval of the Temperzone Australia Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Temperzone Australia Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Temperzone Australia Pty Ltd. 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 have been met.

[3] The Agreement was approved on 12 February 2021 and, in accordance with s.54, will operate from 19 February 2021. The nominal expiry date of the Agreement is 1 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Temperzone Australia Pty Ltd, the Fair Work Commission was tasked with determining the approval of the Temperzone Australia Pty Ltd Enterprise Agreement 2020. The application was brought by the employer, Temperzone Australia Pty Ltd, seeking the Commission's approval of the enterprise agreement in line with the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement complied with the statutory requirements for enterprise agreements, including whether it provided for a safety net of minimum wages and conditions, whether it was free from prohibited content, and whether it was made in good faith. The Commission also needed to consider whether the agreement met the "better off overall test" by ensuring that employees were no worse off financially or in terms of conditions.

The Commission found that the agreement was compliant with all statutory requirements, providing for a safety net that aligned with the national minimum wage system and other relevant awards and agreements. The agreement was free from prohibited content, and there was evidence of good faith bargaining between the employer and the employees. Additionally, the Commission determined that the agreement passed the better off overall test, as it provided for improved wages and conditions for the majority of the employees. Consequently, the Commission approved the Temperzone Australia Pty Ltd Enterprise Agreement 2020.

The Commission's final order was the approval of the enterprise agreement, which now serves as the governing terms and conditions of employment for the employees covered by the agreement. The approval ensures that the agreement remains in effect, providing a stable framework for the employment relationship between the employer and the employees.

Temperzone Australia 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