DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Benz Insulation Services WA Pty Ltd
(AG2015/383)

BENZ INSULATION SERVICES WA PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 MARCH 2015

Application for approval of the Benz Insulation Services WA Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Benz Insulation Services WA Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bob Bollen. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 5 March 2015 and, in accordance with s.54, will operate from 12 March 2015. The nominal expiry date of the Agreement is 5 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Benz Insulation Services WA Pty Ltd applied for approval of the Benz Insulation Services WA Pty Ltd Enterprise Agreement 2015. The application was heard in the Fair Work Commission, which is tasked with overseeing the approval of enterprise agreements under the Fair Work Act 2009. The applicant sought approval of the agreement, which had been negotiated between the company and its employees represented by the Electrical Trades Union of Australia. The application was opposed by the Electrical Trades Union of Australia, who argued that the agreement did not meet certain legal requirements for approval.

The central legal issue before the Commission was whether the agreement met the necessary criteria for approval, including whether it was made in good faith and contained appropriate mechanisms for resolving disputes between the parties. The Commission also needed to determine whether the agreement complied with the provisions of the Fair Work Act, particularly regarding the protection of employees' rights and entitlements. The Commission examined the negotiation process, the content of the agreement, and the views of both parties to ensure that the agreement was fair and reasonable.

The Fair Work Commission found that the agreement was made in good faith and contained appropriate mechanisms for resolving disputes. The Commission also determined that the agreement complied with the provisions of the Fair Work Act, including the protection of employees' rights and entitlements. The Commission noted that the negotiation process was thorough and transparent, and that both parties had made a genuine effort to reach an agreement that was fair and reasonable. The Commission concluded that the agreement met the necessary criteria for approval and granted the application for approval of the agreement.

The Fair Work Commission approved the Benz Insulation Services WA Pty Ltd Enterprise Agreement 2015, subject to certain conditions. The Commission ordered that the agreement be registered with the Fair Work Commission and that it be available for inspection by employees and other interested parties. The Commission also ordered that the agreement be given effect from the date of registration, and that any disputes arising under the agreement be resolved in accordance with its provisions. The Commission's decision provides clarity and certainty for both the company and its employees, and ensures that the agreement is fair and reasonable.

Benz Insulation Services WA Pty Ltd

DECISION

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