DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advance Insulation Pty Ltd
(AG2017/232)

ADVANCE INSULATION ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 FEBRUARY 2017

Application for approval of the Advance Insulation Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Advance Insulation Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Advance Insulation 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2017. The nominal expiry date of the Agreement is 13 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Advance Insulation Pty Ltd applied for the approval of the Advance Insulation Enterprise Agreement 2016. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute arose from the negotiation process of the agreement, which was intended to cover employees of Advance Insulation Pty Ltd.

The legal issues before the court were whether the agreement met the requirements for registration under the Fair Work Act, including whether it was made in good faith and whether it provided for the proper classification of employees. The court also needed to consider if the agreement was free from any illegality or whether it contravened any of the provisions of the Act.

The court determined that the agreement was made in good faith and was free from any illegality. The court found that the agreement properly classified employees and provided for their remuneration and conditions of employment. The court also found that the agreement met all the requirements for registration under the Fair Work Act. As such, the court approved the Advance Insulation Enterprise Agreement 2016.

The court ordered that the agreement be registered and that it would have effect from the date of registration. The court also ordered that the agreement would be binding on all employees covered by the agreement, as well as on Advance Insulation Pty Ltd. The decision of the court was final and not subject to appeal.

Advance Insulation 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