Baron Insulation Pty Ltd T/A Baron Insulation
[2023] FWCA 2657
•22 AUGUST 2023
| [2023] FWCA 2657 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Baron Insulation Pty Ltd T/A Baron Insulation
(AG2023/2594)
BARON INSULATION ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 22 AUGUST 2023 |
Application for approval of the Baron Insulation Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Baron Insulation Enterprise Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Baron Insulation Pty Ltd T/A Baron Insulation (Employer). The Agreement is a single-enterprise agreement.
The Employer has expressed a view in relation to whether a particular pattern or kind of work, or type of employment, is reasonably foreseeable for the purposes of s 193A(6). The Employer’s view is based off “long established roster patterns” and is in summary as follows:[1]
(a) Day Shift workers perform work from Monday to Thursday between 7.30am-4.00pm and on Fridays between 7.30am-1.30pm, and afternoon shift workers perform work from Monday to Thursday between 3.00pm-11.30pm and on Fridays between 12.30pm-6.30pm. There are no night shift employees and no continuous roster patterns.
(b) The Employer does not operate its business on Saturday.
(c) There has been zero overtime performed by employees on a Saturday for at least the last 12 months.
I accept that these matters are accurate, and I have regard only to the patterns or kinds of work, or types of employment which a reasonably foreseeable on the basis of these matters. I further note that I have had regard where relevant to s 193A(2)-(4).
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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 August 2023. The nominal expiry date of the Agreement is 22 August 2027.
DEPUTY PRESIDENT
[1] Email from Employer to the Commission dated 11 August 2023
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