Fletcher Insulation Pty Ltd T/A Fletcher Insulation Summary

[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

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).

The Agreement is a single enterprise.

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

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.
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

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

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.

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.

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

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Fletcher Insulation Dandenong Site Enterprise Agreement 2024. The applicant, Fletcher Insulation Pty Ltd trading as Fletcher Insulation, sought approval for the agreement under the Fair Work Act 2009. The application was made following negotiations between the employer and the employees' representative, the Australian Manufacturing Workers' Union. The nature of the dispute centred on whether the agreement met the criteria for approval as set out in the legislation.

The legal issues before the court included whether the agreement had been made in good faith, whether it provided for the compulsory resolution of all genuine workplace disputes, and whether it allowed for the fair and flexible management of the workplace. The court also had to determine if the agreement contained the minimum terms and conditions as required by the Fair Work Act and if it complied with the public interest test. The applicants argued that the agreement was fair and reasonable, while no objections were raised by the employees or other interested parties.

In its decision, the court found that the agreement was made in good faith and provided for the compulsory resolution of workplace disputes. It confirmed that the agreement included all the minimum terms and conditions required by the Fair Work Act. The court further determined that the agreement was fair and reasonable and did not contravene any relevant public interest considerations. Consequently, the court approved the Fletcher Insulation Dandenong Site Enterprise Agreement 2024.

The final orders of the court were that the Fletcher Insulation Dandenong Site Enterprise Agreement 2024 be approved, effective from the date of the court's decision. The agreement was to be registered by the Fair Work Commission and would govern the employment conditions of the relevant employees until superseded by a new agreement or a change in the law. The court's approval signified that the agreement met all statutory requirements and was in the best interest of the employees and the employer.

Fletcher Insulation Pty Ltd T/A Fletcher Insulation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established