DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thermatec Technologies
(AG2015/1669)

THERMATEC TECHNOLOGIES PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 22 JANUARY 2015

Application for approval of the Thermatec Technologies Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Thermatec Technologies Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders’ Association of Victoria (the Applicant.)

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2015. The nominal expiry date of the Agreement is 28 January 2019.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Thermatec Technologies Pty Ltd, an employer, sought approval of an enterprise agreement with its employees under the Fair Work Act 2009. The applicants, who were represented by the Fair Work Commission, argued that the proposed agreement was not in the best interests of the employees. The dispute was heard by the Fair Work Commission, which has the power to approve enterprise agreements under the Fair Work Act. The applicants contended that the proposed agreement did not provide adequate protections for employees in terms of wages, conditions, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under section 233 of the Fair Work Act. The Commission considered whether the agreement was a genuine enterprise agreement, whether it provided for the appropriate minimum entitlements, and whether it was in the best interests of the employees. The Commission also examined whether the agreement provided for a fair and effective dispute resolution process. The Commission held that the proposed agreement met the statutory requirements for approval and was in the best interests of the employees.

The Commission found that the proposed agreement was a genuine enterprise agreement, as it had been negotiated in good faith and was not based on coercion or undue influence. The Commission also found that the agreement provided for the appropriate minimum entitlements, including wages and conditions of employment. The Commission further found that the agreement provided for a fair and effective dispute resolution process, which included provisions for conciliation and arbitration. The Commission concluded that the proposed agreement was in the best interests of the employees and approved it under section 234 of the Fair Work Act.

The Fair Work Commission approved the proposed enterprise agreement, which will now be binding on the employer and employees. The agreement includes provisions for wages, conditions of employment, and dispute resolution mechanisms. The Commission's decision is final and binding, and cannot be appealed.

Thermatec Technologies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established