DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thermal Mechanical Suppliers Pty Ltd
(AG2020/1493)

THERMAL MECHANICAL SUPPLIERS PTY LTD / AMWU ON-SITE CONSTRUCTION HVAC WORKERS NSW ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 12 JUNE 2020

Application for approval of the THERMAL MECHANICAL SUPPLIERS PTY LTD / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the THERMAL MECHANICAL SUPPLIERS PTY LTD / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thermal Mechanical Suppliers Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 “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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2020. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Thermal Mechanical Suppliers Pty Ltd, an employer, and the Australian Manufacturing Workers' Union (AMWU), a trade union representing workers in the on-site construction HVAC sector in New South Wales. The primary dispute centred around the approval of the THERMAL MECHANICAL SUPPLIERS PTY LTD / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020 - 2023. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The legal issues that the court needed to address included whether the proposed enterprise agreement complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the requirements for good faith bargaining and if it provided for fair and reasonable terms and conditions of employment. The court also had to assess whether the agreement adhered to the Fair Work (Registered Organisations) Act 2009, ensuring it was not contrary to public interest and met the standards set by the Fair Work Regulations 2009.

The Fair Work Commission assessed the enterprise agreement by considering the submissions from both parties, including the evidence presented on the terms of the agreement, the process of bargaining, and the potential impact on employees and the industry. The court found that the agreement was made in good faith, contained fair and reasonable terms, and did not contravene any statutory provisions. Consequently, the court approved the enterprise agreement, confirming its validity for the specified period. The approval was made effective from the date of the decision, ensuring that the terms of the agreement would govern the employment conditions of the workers involved.

Thermal Mechanical Suppliers 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