DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zip Heaters (Aust) Pty Ltd T/A Zip Heaters Aust Pty Ltd
(AG2017/5742)

ZIP HEATERS (AUST) PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 19 DECEMBER 2017

Application for approval of the Zip Heaters (Aust) Pty Ltd Enterprise Agreement 2017.

[1] On 23 November 2017 Zip Heaters (Aust) Pty Ltd T/A Zip Heaters Aust Pty Ltd (Applicant) made an application for approval of the Zip Heaters (Aust) Pty Ltd Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 December 2017. The nominal expiry date of the Agreement is 17 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Zip Heaters (Aust) Pty Ltd, trading as Zip Heaters Aust Pty Ltd, to have the Zip Heaters (Aust) Pty Ltd Enterprise Agreement 2017 approved. The nature of the dispute centred on the terms and conditions of employment for the workers covered by the proposed agreement, and the procedural fairness of the agreement-making process. The matter was heard in the Commission, where it was necessary to determine whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in accordance with the provisions of the Fair Work Act and whether the agreement contained terms that were in the best interests of the employees. The Commission had to consider whether the process of making the agreement was procedurally fair and whether the terms of the agreement were reasonable in all the circumstances. Additionally, the Commission had to ensure that the agreement complied with the safety net provisions of the National Employment Standards.

In its reasoning, the Commission found that the agreement-making process was procedurally fair, and the agreement itself contained terms that were in the best interests of the employees. The Commission noted that the agreement had been negotiated in good faith and that the parties had made a genuine effort to reach an agreement. The terms of the agreement were found to be reasonable, with particular attention given to the balance between the rights and obligations of the employer and employees. The Commission concluded that the agreement met the safety net requirements and provided adequate protections for employees. As a result, the Commission approved the Zip Heaters (Aust) Pty Ltd Enterprise Agreement 2017.

The final orders of the Commission were that the Zip Heaters (Aust) Pty Ltd Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act, effective from the date of the Commission's decision. This approval ensures that the terms and conditions of employment set out in the agreement are legally binding on both the employer and the employees covered by the agreement.

Zip Heaters (Aust) Pty Ltd T/A 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