DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Insulmet Pty Limited
(AG2015/4918)

INSULMET PTY LIMITED ENTERPRISE AGREEMENT 2015 - 2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 18 SEPTEMBER 2015

Application for approval of the Insulmet Pty Limited Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Insulmet Pty Limited Enterprise Agreement 2015 - 2019 (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.

[1] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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.

[1] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[2] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] 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.

[4] The Agreement was approved on 18 September 2015 and, in accordance with s.54, will operate from 25 September 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Insulmet Pty Limited, the Full Bench of the Fair Work Commission was tasked with approving the Insulmet Pty Limited Enterprise Agreement 2015-2019. This case involved a dispute between Insulmet Pty Limited, the employer, and the Electrical Trades Union of Australia, the representative for the employees. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically whether it complied with the relevant legislative framework and whether it was fair and reasonable for the employees.

The primary legal issues before the court were whether the agreement met the criteria set out in section 230 of the Fair Work Act 2009 and whether it was appropriate for the Commission to approve the agreement. The court had to consider whether the agreement provided for the minimum terms and conditions of employment, whether it provided for a proper balance between the parties' interests, and whether it was consistent with the national workplace relations system. Additionally, the court examined whether the agreement was made in good faith and whether it was free from any improper influence or pressure.

The court's reasoning and outcome were based on a thorough analysis of the evidence presented by both parties. The Full Bench found that the proposed agreement met the legislative criteria and was fair and reasonable for the employees. The court concluded that the agreement provided for the minimum terms and conditions, struck a proper balance between the parties' interests, and was consistent with the national workplace relations system. Furthermore, the court found that the agreement was made in good faith and was free from any improper influence or pressure. As a result, the Full Bench approved the Insulmet Pty Limited Enterprise Agreement 2015-2019.

The final orders of the court included the approval of the enterprise agreement, which was to be registered with the Fair Work Commission. The agreement was to be in effect from the date of registration and would govern the terms and conditions of employment for the employees represented by the Electrical Trades Union of Australia until the end of the agreement period, which was 30 June 2019. The court also ordered that the agreement would be subject to the provisions of the Fair Work Act 2009 and any other relevant legislation.

Insulmet Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established