Zip Heaters (Aust) Pty Ltd

[2021] FWCA 1303

[2021] FWCA 1303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Zip Heaters (Aust) Pty Ltd
(AG2021/3972)

ZIP HEATERS (AUST) PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 10 MARCH 2021

Application for approval of the Zip Heaters (Aust) Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Zip Heaters (Aust) Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zip Heaters (Aust) 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] Clause 23 of the Agreement prescribes set hours that employees will be paid on public holidays (the hours specified appear to reflect the employer's rostering arrangements). This may be inconsistent with s.116 of the Act which states that the employer must pay the employee at the employee's base rate of pay for the employee’s ordinary hours of work. However, I note that the Agreement also contains a NES precedence clause at 4.2 which gives primacy to the NES over the terms of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2021. The nominal expiry date of the Agreement is 17 March 2024.

COMMISSIONER

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