DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Duct Up Industries Pty Ltd
(AG2016/5742)

DUCT UP INSTALLERS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the Duct Up Installers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Duct Up Installers 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 Duct Up Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 10 November 2016 and, in accordance with s.54, will operate from 17 November 2016. The nominal expiry date of the Agreement is 10 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter of Duct Up Industries Pty Ltd came before the Fair Work Commission, where the applicant sought approval of the Duct Up Installers Enterprise Agreement 2016. The applicant, a company in the ducting and ventilation industry, sought to have the agreement registered under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal criteria for approval, including compliance with the good faith bargaining requirement and whether it was genuinely negotiated.

The key legal issues addressed by the Commission included whether the applicant had genuinely bargained in good faith with the relevant unions and whether the agreement provided for the proper operation of the enterprise. Additionally, the Commission considered whether the agreement adequately addressed the needs of employees and provided for their fair treatment. The applicant argued that the agreement was the result of genuine bargaining and was fair and reasonable, while the unions contended that the agreement did not adequately protect employee rights and did not reflect genuine bargaining.

The Fair Work Commission found that the applicant had genuinely bargained in good faith with the unions and that the agreement met the requirements of the Act. The Commission determined that the agreement provided for the proper operation of the enterprise and adequately addressed the needs of employees. The Commission also found that the agreement provided for the fair treatment of employees and did not disadvantage any particular group. Accordingly, the Commission approved the Duct Up Installers Enterprise Agreement 2016.

The Fair Work Commission ordered that the Duct Up Installers Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009. The agreement will now be in effect and will govern the employment conditions of employees within the covered scope. The applicant may now proceed with the implementation of the agreement, and the unions will be able to enforce its terms on behalf of their members.

Duct Up Industries 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