DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JS Insulation Services Pty Ltd T/A Advanced Insulation & Fabrications
(AG2016/4308)

ADVANCED INSULATION & FABRICATIONS ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Advanced Insulation & Fabrications Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Advanced Insulation & Fabrications 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 JS Insulation Services Pty Ltd T/A Advanced Insulation & Fabrications. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2016. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved JS Insulation Services Pty Ltd, trading as Advanced Insulation & Fabrications, and the relevant trade unions. The dispute centred around the application for the approval of the Enterprise Agreement 2015-2019, which was intended to regulate the employment terms and conditions of the workers within the company. The Fair Work Commission was the tribunal that heard and decided the case.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions that mandate minimum entitlements and the process for negotiating and approving such agreements. The Commission had to determine if the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions, and if the process for negotiation and approval was fair and in good faith.

The Fair Work Commission, in its decision, evaluated the agreement against the statutory requirements and found that it did indeed provide for fair and reasonable terms and conditions of employment. The Commission noted that the agreement was the result of a genuine negotiation process that was conducted in good faith. The Commission was satisfied that the agreement complied with the necessary provisions of the Fair Work Act and, therefore, approved the Enterprise Agreement 2015-2019. As part of the decision, the Commission outlined specific orders to ensure compliance with the approved agreement and mandated reporting to the Commission for any future disputes.

JS Insulation Services Pty Ltd T/A Advanced Insulation & Fabrications

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established