Temperzone Australia Pty Ltd Summary

[2013] FWCA 9675

FAIR WORK COMMISSION

DECISION

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

Temperzone Australia Pty Ltd
(AG2013/11413)

TEMPERZONE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 10 DECEMBER 2013

Application for approval of the Temperzone Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Temperzone Australia Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 17 December 2013. The nominal expiry date of the Agreement is 1 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Temperzone Australia Pty Ltd applied for approval of the Temperzone Australia Pty Ltd Enterprise Agreement 2013 before the Fair Work Commission. The applicant, a company in the food processing industry, sought to have the enterprise agreement approved by the Commission to ensure its terms were legally binding on the parties involved. The dispute centered around the procedural and substantive validity of the agreement, which aimed to regulate employment conditions for certain employees of Temperzone.

The legal issues before the Commission included whether the agreement was made in accordance with the Fair Work Act 2009 and whether it complied with the requirements for registration, including being free from prohibited content. The Commission also considered whether the agreement was made independently of any employer coercion and whether it was appropriately certified by an accredited bargaining representative. Furthermore, the Commission examined if the agreement met the requirements for good faith bargaining and if it provided for the terms and conditions of employment fairly.

The Fair Work Commission, in its decision, found that the agreement was validly made and approved it. The Commission held that the agreement was entered into in good faith, free from employer coercion, and was certified by an accredited bargaining agent. The Commission was satisfied that the agreement contained no prohibited content and was made in accordance with the requirements of the Fair Work Act. Additionally, the Commission determined that the agreement provided for the terms and conditions of employment fairly and met the statutory criteria for approval.

As a result, the Commission approved the Temperzone Australia Pty Ltd Enterprise Agreement 2013, making it a legally binding instrument between Temperzone Australia Pty Ltd and its employees. The approval ensures that the terms of the agreement, including those relating to wages, hours of work, and other employment conditions, are enforceable in accordance with the Fair Work Act.

Temperzone Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established