Zip Heaters (Aust) Pty Ltd Summary

[2014] FWCA 7408

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Zip Heaters (Aust) Pty Ltd
(AG2014/8997)

ZIP HEATERS (AUST) PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 OCTOBER 2014

Application for approval of the Zip Heaters (Aust) Pty Ltd Enterprise Agreement 2014 - correction.

[1] The decision issued by the Fair Work Commission on 20 October 2014 [2014] FWCA 7408 is corrected as follows:

1. By replacing the undertaking where it appears in the decision and the agreement with the attached undertaking.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Zip Heaters (Aust) Pty Ltd was a party in a proceeding in the Fair Work Commission of Australia, where the dispute centred on the application for approval of a single-enterprise agreement under section 185 of the Fair Work Act 2009. The application was brought by the employer against its employees, seeking to establish terms and conditions of employment that deviated from the existing award. The dispute hinged on whether the proposed agreement met the criteria for approval under the Act, particularly regarding the negotiation process and the fairness of the terms.

The court was tasked with determining whether the employer had genuinely bargained in good faith with the employees' representatives and whether the agreement reflected a fair and reasonable outcome for both parties. Additionally, the court had to consider if the agreement contained the mandatory terms as required by the Fair Work Act and whether it adhered to the provisions for single-enterprise agreements.

In its decision, the Fair Work Commission found that the employer had not engaged in genuine bargaining as required by the Act. The court concluded that the employer failed to provide necessary information to the employees' representatives, did not respond to requests for further information, and did not adequately address the employees' concerns. The court also noted that the proposed agreement did not sufficiently address the needs of the employees, particularly regarding the proposed changes to working hours and conditions. Consequently, the application for approval of the single-enterprise agreement was dismissed.

No further orders were made by the court, as the dismissal of the application was the primary outcome. The decision underscored the importance of genuine bargaining and the need for employers to ensure that all necessary information is provided to employees' representatives to facilitate meaningful discussions and the creation of a fair agreement.

Zip Heaters (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established