Fletcher Insulation Pty Ltd T/A Fletcher Insulation

[2020] FWCA 2803

[2020] FWCA 2803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fletcher Insulation Pty Ltd T/A Fletcher Insulation
(AG2020/1203)

FLETCHER INSULATION ROOTY HILL PRODUCTION & WAREHOUSE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 MAY 2020

Application for approval of the Fletcher Insulation Rooty Hill Production & Warehouse Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Fletcher Insulation Rooty Hill Production & Warehouse Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained cross-referencing errors in clause 36.1.4, 36.3.1, 36.4 and 36.5. On 25 May 2020, the Applicant filed an amended version of the Agreement pursuant to section 586 of the Act correcting the cross-referencing errors in clauses 36.1.4, 36.3.1, 36.4 and 36.5. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to section 586 of the Act.

[1] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[2] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[3] The United Workers’ Union (UWU) raised a concern in relation to Undertaking 3. Having considered that concern, I am satisfied that Undertaking 3 is appropriate and should be accepted. I accept that, as submitted by the UWU, Undertaking 3 does not include the requirement that a part-time employee’s days on which their agreed hours will be worked, and the commencing and finishing times for that work, must be agreed in writing before commencing employment, which is a detriment as compared to the Manufacturing and Associated Industries and Occupations Award 2020 (Award). However, when this and other detriments are weighed against the range of benefits provided under the Agreement, I am satisfied that all employees and prospective employees will be better off under the Agreement than they would be if the Award applied to them.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The UWU being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 June 2020. The nominal expiry date of the Agreement is 10 November 2022.

DEPUTY PRESIDENT

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Annexure A