Insulpak Trust T/A Insulpak Pty Ltd Summary

[2024] FWCA 2908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Insulpak Trust T/A Insulpak Pty Ltd

(AG2024/2850)

INSULPAK PTY LTD AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 7 AUGUST 2024

Application for approval of the Insulpak Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Insulpak Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Insulpak Trust T/A Insulpak Pty Ltd. The Agreement is a single enterprise agreement.

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 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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2024. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Insulpak Trust, trading as Insulpak Pty Ltd, applied for approval of the Insulpak Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The applicant and the Plumbing Division of the Construction, Forestry, Maritime, Mining and Energy Union (CEPU) sought to have the agreement approved under section 233 of the Fair Work Act 2009. The agreement covered employees who are members of the union and employed by the applicant.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, including whether it provided for the proper classification and remuneration of employees, and whether it complied with the better-off-overall test. The Commission also needed to consider if the agreement was in the public interest and whether the process by which it was made was fair. The primary focus was on the fairness of the terms and the transparency of the bargaining process.

The Commission found that the agreement was made in good faith and in accordance with the Fair Work Act. The terms of the agreement were considered fair and reasonable, providing appropriate protections for employees. The Commission also found that the process by which the agreement was made was fair and transparent. The Commission concluded that the agreement was in the public interest and approved it under section 233 of the Fair Work Act.

The Commission's final orders included the approval of the Insulpak Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, effective from 1 January 2024. The agreement will now be registered with the Commission and will govern the employment conditions of the relevant employees for the duration of the agreement.

Insulpak Trust T/A Insulpak Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established