DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fletcher Insulation Pty Ltd
(AG2016/7525)

FLETCHER INSULATION ROOTY HILL PLANT ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 1 FEBRUARY 2017

Application for approval of the Fletcher Insulation Rooty Hill Plant Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fletcher Insulation Rooty Hill Plant 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 Fletcher Insulation 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] I am satisfied that the employer’s correct ABN referred to in clause 2.1.1 of the Agreement should be 72 001 175 355.

[4] I am satisfied that the heading "Fletcher Insulation Rooty Hill Plant Agreement 2014" at the end of the Agreement should be "Fletcher Insulation Rooty Hill Plant Enterprise Agreement 2016".

[5] United Voice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2017. The nominal expiry date of the Agreement is 10 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Fletcher Insulation Rooty Hill Plant Enterprise Agreement 2016. The applicant was Fletcher Insulation Pty Ltd, and the respondent was the Australian Manufacturing Workers' Union. The dispute arose under the Fair Work Act 2009, where the applicant sought the Fair Work Commission's approval of the enterprise agreement to be certified as a simple, modern, and streamlined agreement. The legal issues before the court involved whether the enterprise agreement met the criteria for approval under the Fair Work Act, specifically whether it was simple, modern, and streamlined and complied with the requirements for bargaining and good faith.

The court held that the enterprise agreement was simple, modern, and streamlined, as it contained only necessary terms and avoided complex language. The agreement was found to be consistent with the principles of good faith bargaining and fair work. The court also found that the agreement did not disadvantage employees and provided a fair balance between the rights and obligations of the parties. The court concluded that the enterprise agreement met the criteria for approval under the Fair Work Act and granted the application for approval. The court certified the Fletcher Insulation Rooty Hill Plant Enterprise Agreement 2016 as a simple, modern, and streamlined 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