Fletcher Insulation Pty Ltd Summary

[2014] FWCA 6087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fletcher Insulation Pty Ltd
(AG2014/8563)

FLETCHER INSULATION ROOTY HILL PLANT ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 SEPTEMBER 2014

Application for approval of the Fletcher Insulation Rooty Hill Plant Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fletcher Insulation Rooty Hill Plant Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] United Voice, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 September 2014. The nominal expiry date of the Agreement is 10 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fletcher Insulation Pty Ltd, the applicant, sought approval of the Fletcher Insulation Rooty Hill Plant Enterprise Agreement 2014. The applicant argued that the enterprise agreement should be approved under section 175 of the Fair Work Act 2009, as it satisfied the requirements of the Act and was appropriate for the workforce. The Fair Work Commission, led by Commissioner H W Bell, was tasked with determining whether the agreement met the statutory criteria for approval.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements set out in the Fair Work Act 2009, particularly section 175. The Commission had to consider whether the agreement had been made in good faith, was free from coercion and contained terms that were fair and reasonable. The Commission also had to determine if the agreement complied with the procedural requirements for approval, including the proper consultation and notification processes.

In making its decision, the Commission noted that the applicant had provided evidence of the consultation processes and the manner in which the agreement was negotiated. The Commission found that the agreement was made in good faith and was free from any form of coercion. Furthermore, the Commission considered that the terms of the agreement were fair and reasonable, taking into account the nature of the industry and the workforce. The procedural requirements for approval were also met, as the applicant had properly consulted with the relevant employee representatives and provided the necessary notifications. Based on these findings, the Commission approved the enterprise agreement under section 175 of the Fair Work Act 2009.

The Fair Work Commission approved the Fletcher Insulation Rooty Hill Plant Enterprise Agreement 2014, finding that it met the statutory criteria and was appropriate for the workforce. The Commission ordered that the agreement be registered and have effect as an approved enterprise agreement under the Fair Work Act 2009. The applicant was also directed to take necessary steps to inform the relevant employees of the approval and to provide a copy of the agreement to the Fair Work Ombudsman.

Fletcher Insulation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established