DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temperzone Australia Pty Ltd
(AG2018/868)

TEMPERZONE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 19 JUNE 2018

Application for approval of the Temperzone Australia Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Temperzone Australia Pty Ltd Enterprise Agreement 2017 (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] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2018. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Temperzone Australia Pty Ltd applied for approval of its Enterprise Agreement 2017, which was entered into between the company and the union representing its employees. The dispute involved the union's objection to the agreement's terms and conditions. The Fair Work Commission heard the application, tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the requirements for coverage, bargaining, and good faith. The union contended that the agreement did not appropriately cover all employees, did not result from genuine bargaining, and lacked good faith. Temperzone, on the other hand, argued that the agreement was the product of genuine bargaining and was in good faith.

The Commission examined the evidence presented and found that the agreement did meet the statutory requirements. The agreement was comprehensive in its coverage, and there was sufficient evidence of genuine bargaining and good faith. The union's objections were not substantiated, and the Commission approved the agreement.

Temperzone Australia Pty Ltd's application for approval of the Enterprise Agreement 2017 was approved by the Fair Work Commission. The Commission found that the agreement was appropriately drafted, covered all relevant employees, and resulted from genuine bargaining in good faith. The agreement was approved, and the union's objections were dismissed.

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