Ausico Insulation Corporation Pty Ltd

[2013] FWCA 4521

FAIR WORK COMMISSION

DECISION

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

Ausico Insulation Corporation Pty Ltd
(AG2013/6840)

AUSICO ENTERPRISE AGREEMENT 2013 - 2015

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 8 JULY 2013

Application for approval of the Ausico Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ausico Enterprise Agreement 2013 - 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ausico Insulation Corporation 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. In accordance with s.54(1) it will operate from 15 July 2013. The nominal expiry date of the Agreement is 14 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Ausico Insulation Corporation Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, an employee representative. The dispute centred on the application for approval of the Ausico Enterprise Agreement 2013-2015. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and whether it was certified by the Australian Building and Construction Commission as meeting the requirements of the Building and Construction Industry (Industrial Relations) Act 2008.

The Commission considered the evidence and submissions presented by both parties. It noted the importance of the agreement in setting out the terms and conditions of employment for the employees covered by the agreement. The Commission also considered the role of the Australian Building and Construction Commission in certifying the agreement. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, and that it had been properly certified by the Australian Building and Construction Commission. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act 2009.

Accordingly, the Fair Work Commission approved the Ausico Enterprise Agreement 2013-2015. The decision provides clarity and certainty for both the employer and the employees covered by the agreement, and ensures that the agreement meets the legal requirements for approval. The approval of the agreement will provide stability and predictability in the workplace, and will assist in promoting harmonious and productive industrial relations. The decision also reinforces the importance of the role of the Australian Building and Construction Commission in certifying enterprise agreements in the building and construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established