Zip Heaters (Aust) Pty Ltd

[2025] FWCA 2399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zip Heaters (Aust) Pty Ltd

(AG2025/2219)

ZIP HEATERS (AUST) PTY LTD ENTERPRISE AGREEMENT

2025

Manufacturing and associated industries
DEPUTY PRESIDENT GRAYSON	SYDNEY, 21 JULY 2025

Application for approval of the Zip Heaters (Aust) Pty Ltd Enterprise Agreement 2025

Introduction

Zip Heaters (Aust) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Zip Heaters (Aust) Pty Ltd Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 27 February 2025 and the Agreement was made on 26 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Sections 186, 187 and 188

Having had regard to the Statement of Principles on Genuine Agreement, 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.

Section 183 Bargaining Representatives

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 AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2025. The nominal expiry date of the Agreement is 1 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Zip Heaters (Aust) Pty Ltd, an employer, and its employees represented by a union. The dispute centred on the application for approval of the Enterprise Agreement 2025, which aimed to regulate the terms and conditions of employment for the employees. The matter was heard in the Fair Work Commission (FWC). The central legal issues revolved around whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically focusing on whether the agreement had been made in accordance with the procedural fairness principles and whether it provided for fair and reasonable terms and conditions.

The FWC examined the process by which the agreement was negotiated and whether there was adequate representation and participation by the employees. The Commission considered the content of the agreement, including its coverage of various employment terms such as wages, hours of work, and dispute resolution mechanisms. The FWC also assessed if the agreement contained terms that were fair and reasonable in light of the economic circumstances and the need to maintain harmonious, productive, and flexible workplace relations. After thorough deliberation, the FWC found that the agreement satisfied all the statutory requirements for approval.

The FWC concluded that the negotiation process adhered to procedural fairness, with sufficient employee participation and representation. The terms of the agreement were deemed fair and reasonable, considering the broader economic context and the needs of the industry. The FWC was satisfied that the agreement would foster productive and harmonious workplace relations. Consequently, the FWC approved the Enterprise Agreement 2025, marking the resolution of the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established