DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fletcher Insulation Pty Ltd
(AG2017/2192)

FLETCHER INSULATION 12TH ENTERPRISE BASED AGREEMENT 2017 - 2020

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 3 JULY 2017

Application for approval of the Fletcher Insulation 12th Enterprise Based Agreement 2017 -2020.

[1] An application has been made for approval of an enterprise agreement known as the Fletcher Insulation 12th Enterprise Based Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fletcher Insulation 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] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2017. The nominal expiry date of the Agreement is 3 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Fletcher Insulation Pty Ltd involved a dispute over the approval of the 12th Enterprise Based Agreement for the years 2017 to 2020. The agreement was proposed by the employer, Fletcher Insulation Pty Ltd, and was subject to the approval process under the Fair Work Act 2009. The primary issue was whether the proposed agreement met the requirements for a valid enterprise agreement, particularly in terms of its compliance with the safety net provisions and its fairness to the employees involved.

The legal issues before the Commission included whether the proposed agreement provided adequate minimum terms and conditions, including rates of pay, hours of work, and other employment terms that were no less favourable than the applicable national or industry award or general award. The Commission also had to consider whether the agreement was procedurally fair, ensuring that the employees had an opportunity to be involved in the negotiation process. Additionally, the Commission examined whether the agreement was made in good faith and whether it provided for a proper mechanism for resolving disputes.

In delivering its decision, the Commission found that the proposed agreement met the statutory requirements for approval. The agreement provided for minimum terms and conditions that were no less favourable than the applicable awards, ensuring that employees were protected by the safety net provisions. The Commission determined that the negotiation process was procedurally fair, as employees had been given adequate opportunities to participate and provide input. Furthermore, the Commission concluded that the agreement was made in good faith and included appropriate dispute resolution mechanisms. Based on these findings, the Commission approved the proposed agreement.

The Fair Work Commission approved the 12th Enterprise Based Agreement for Fletcher Insulation Pty Ltd for the period 2017 to 2020, effective from the date of the decision. The approval ensures that the agreement will provide for the minimum terms and conditions of employment, including rates of pay and hours of work, for the employees covered by the agreement.

Fletcher 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