austlii:cth/FWCA/2025/2399
General information, not legal advice.
FWCA
2025-07-21
Original judgment source is linked above.
s.185 - Enterprise agreement
ZIP HEATERS (AUST) PTY LTD ENTERPRISE AGREEMENT
Application for approval of the Zip Heaters (Aust) Pty Ltd Enterprise Agreement 2025
[1] 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
[2] 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.
[3] 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.
[4] 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.
[5] In accordance with s.201(2), I note that the Agreement covers the AMWU.
[6] 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.
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