Fletcher Insulation Pty Ltd T/A Fletcher Insulation

[2024] FWCA 3778

[2024] FWCA 3778

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fletcher Insulation Pty Ltd T/A Fletcher Insulation

(AG2024/3371)

FLETCHER INSULATION DANDENONG SITE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 29 OCTOBER 2024

Application for approval of the Fletcher Insulation Dandenong Site Enterprise Agreement 2024

1. Fletcher Insulation Pty Ltd T/A Fletcher Insulation has applied for approval of an enterprise agreement known as the Fletcher Insulation Dandenong Site Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

1. The Agreement is a single enterprise.

Notice of Employee Representational Rights more than 14 days after Notification Time

1. It appears that the Employer issued the Notice to some employees more than 14 days after the notification time as required by s 173(3) of the Act. The Employer provided an explanation for why this occurred, being that some employees were absent from work at the relevant times when the Notice was issued in person during toolbox talks (which was within the required period). The employees who were absent were emailed the Notice, and the latest date the Notice was provided was no more than 4 days after the required time.

2. I am satisfied that the above error was a minor procedural error and I disregard it in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.

Undertakings provided

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

Approval of Agreement

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the AWU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from Tuesday 5 November 2024.

1. Despite the additional words in Clause 5.2 which say that the agreement is a “3-year Agreement from the date the Agreement was made,” I am satisfied that the Agreement specifies a nominal expiry date. In accordance with Clause 5.2, the nominal expiry date of the Agreement is 3 July 2027.

COMMISSIONER

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