Insulmet Pty Limited

[2019] FWCA 6366

[2019] FWCA 6366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Insulmet Pty Limited
(AG2019/2601)

INSULMET PTY LIMITED ENTERPRISE AGREEMENT 2019 - 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of the Insulmet Pty Limited Enterprise Agreement 2019 -2023.

[1] An application has been made for approval of an enterprise agreement known as the Insulmet Pty Limited Enterprise Agreement 2019 -2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Insulmet Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 19 September 2019. The nominal expiry date of the Agreement is 11 September 2023.

COMMISSIONER

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Annexure A