Thermotec (Australia) Pty Ltd T/A Thermotec Australia
[2024] FWCA 2841
•2 AUGUST 2024
| [2024] FWCA 2841 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Thermotec (Australia) Pty Ltd T/A Thermotec Australia
(AG2024/2688)
APPLICATION FOR APPROVAL OF THE THERMOTEC AUSTRALIA ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 2 AUGUST 2024 |
Application for approval of the Thermotec Australia Enterprise Agreement 2024 Application for approval of the Thermotec Australia Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Thermotec Australia Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Thermotec (Australia) Pty Ltd T/A Thermotec Australia. The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss 186 and 187 are met.
Section 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). Issues were raised with the applicant going to whether the agreement passes the better off overall test (BOOT) in relation to shift penalties which appeared to be less than the penalties provided for in the Manufacturing and Associated Industries and Occupations Award 2020. In response the applicant provided undertakings.
A further issue was raised in relation to allowances as Per Clause 22 of the Agreement, Award allowances are incorporated into an employee’s hourly rate (other than a chemical and heat allowance of $5.00 per mix, and First Aid of $4.00 per shift). To address this concern the applicant provided undertakings.
A further issue was raised in relation to Apprentices and trainee, as pay rates for these employees were not provided. In response the applicant clarified that they will not employ apprentices and trainees and supplied and provided an undertaking to this effect.
A copy of the undertakings is attached in Annexure A. The undertakings were provided to the union bargaining representative. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be terms of the Agreement.
Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187 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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen
The Australian Manufacturing Workers' Union, 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.
The Agreement was approved on 2 August 2024 and, in accordance with s.54, will operate from 9 August 2023. The nominal expiry date of the Agreement is 2 August 2026
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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