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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Insulmet Pty Limited, an employer, and the Electrical Trades Union of Australia, representing the employees. The dispute centred around the approval of an enterprise agreement proposed by the employer for the period from 2019 to 2023. The application for approval was brought before the Fair Work Commission, the relevant tribunal in Australia for such matters.

The key legal issues for the Commission to determine were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the statutory requirements for approval. This included assessing whether the agreement had been made in good faith and without coercion, whether it provided for the proper operation of businesses, and whether it met the "better off overall test" for the employees.

In its decision, the Commission carefully examined the provisions of the proposed agreement, considering submissions from both parties. The Commission found that the agreement largely complied with the statutory requirements. It was satisfied that the agreement had been made in good faith, did not coerce the employees, and provided for the proper operation of the business. Additionally, the Commission concluded that the agreement met the "better off overall test" as it provided benefits to the employees that outweighed any disadvantages. As a result, the Commission approved the application for the Insulmet Pty Limited Enterprise Agreement 2019-2023 to be registered.

The Fair Work Commission's decision approved the application for the registration of the Insulmet Pty Limited Enterprise Agreement 2019-2023. The agreement was thus registered and became a legally binding contract between the employer and the employees represented by the Electrical Trades Union of Australia.

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