DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thermotec (Australia) Pty Ltd
(AG2019/3060)

THERMOTEC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 24 SEPTEMBER 2019

Application for approval of the Thermotec Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Thermotec Australia Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Thermotec (Australia) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 24 September 2019 and, in accordance with s.54, will operate from 1 October 2019. The nominal expiry date of the Agreement is 23 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Thermotec (Australia) Pty Ltd, sought approval of the Enterprise Agreement 2019 under the Fair Work Act 2009. The application was made to the Fair Work Commission. The dispute centred around the terms of the Enterprise Agreement, which was intended to cover a range of employees within the company. The primary issue was whether the agreement met the requirements of the Fair Work Act, particularly in relation to the fairness and reasonableness of its terms and conditions.

The court needed to determine if the agreement contained terms that were fair and reasonable, and if it complied with the procedural requirements for its approval. This involved assessing whether the agreement had been genuinely bargained for, involved consultation with the employees, and contained certain mandatory terms. The court also had to consider if the agreement met the standards of fairness and reasonableness, which included examining the balance of rights and obligations for both the employer and the employees.

In delivering its decision, the Fair Work Commission found that the agreement had been genuinely negotiated and involved appropriate consultation with the employees. The terms were considered fair and reasonable, and the agreement complied with all mandatory provisions of the Fair Work Act. The Commission approved the Enterprise Agreement 2019, acknowledging its compliance with the legislative framework. The decision was made based on the evidence presented, which demonstrated that the agreement met all statutory requirements.

Thermotec (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