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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the Zip Heaters (Aust) Pty Ltd Enterprise Agreement 2020. The applicants, Zip Heaters (Aust) Pty Ltd, sought to have the agreement recognised and enforced as a registered enterprise agreement under the Fair Work Act 2009. The application was brought in response to negotiations between the employer and the employees represented by the Australian Manufacturing Workers' Union.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval as a registered enterprise agreement. The Commission needed to determine if the agreement was made in good faith, covered the prescribed matters, and adhered to the procedural requirements outlined in the Fair Work Act 2009. The Commission also had to consider whether the agreement provided for the genuine resolution of the employees' matters and provided for its effective operation and administration.

In evaluating the application, the Commission considered the evidence and submissions provided by both parties. The Commission noted that the agreement had been negotiated in good faith and that it addressed the prescribed matters. The Commission was satisfied that the agreement provided for the genuine resolution of the employees' matters and that it provided for its effective operation and administration. The Commission also found that the agreement had been made in accordance with the procedural requirements outlined in the Fair Work Act 2009. The Commission was satisfied that the agreement met all the statutory requirements for approval as a registered enterprise agreement.

Accordingly, the Commission approved the Zip Heaters (Aust) Pty Ltd Enterprise Agreement 2020 as a registered enterprise agreement under the Fair Work Act 2009. The agreement is now binding on the parties and will remain in force until it is terminated or replaced by a new agreement.

Zip Heaters (Aust) 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