Fletcher Insulation Pty Ltd

[2014] FWCA 2543

[2014] FWCA 2543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fletcher Insulation Pty Ltd
(AG2014/572)

FLETCHER INSULATION 11TH ENTERPRISE BASED AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 15 APRIL 2014

Fletcher Insulation 11th Enterprise Based Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Fletcher Insulation 11th Enterprise Based Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Fletcher Insulation Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] I advised the company on 19 March 2014 that clause 10 of the Agreement did not meet the requirements of s.205 of the Act and offered the company the opportunity to provide an undertaking to address the concern I had raised.

[4] I understand that the company has been in discussion with The Australian Workers’ Union regarding the terms of an undertaking.

[5] No undertaking has been offered in relation to the consultation clause.

[6] As the Agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix A.

[7] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54(1), will operate from 22 April 2014. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

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APPENDIX A