DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thermotec Australia Pty Ltd
(AG2016/3240)

THERMOTEC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the Thermotec Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Thermotec Australia Pty Ltd Enterprise Agreement 2015 (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.

[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 16 June 2016. The nominal expiry date of the Agreement is 8 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thermotec Australia Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Thermotec Australia Pty Ltd Enterprise Agreement 2015. The application was brought by the company itself, while the Australian Manufacturing Workers' Union acted as the representative for the employees. The nature of the dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue the court had to decide was whether the agreement provided for the mandatory terms as stipulated by the Act, and whether it had been made in accordance with the procedural requirements. The court needed to ensure that the agreement covered all the essential minimum terms, was free from any unfair content, and had been fairly negotiated. Additionally, the court examined whether the agreement had been properly presented to the employees and whether it had been approved by a sufficient majority, if required.

In its decision, the court meticulously reviewed the agreement clause by clause, confirming that it contained all the mandated terms such as minimum wages, penalty rates, and maximum weekly hours. The court also verified that the agreement did not include any provisions that would be considered unfair under the Act. Furthermore, the court was satisfied that the agreement had been fairly negotiated and presented to the employees. After careful consideration of the evidence, the court found that the agreement met all the statutory requirements and approved it. The court ordered that the agreement be registered, effective from the date of the decision.

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