DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stirling Insulations Pty Ltd
(AG2016/6045)

STIRLING INSULATIONS PTY LTD ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the Stirling Insulations Pty Ltd Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Stirling Insulations Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stirling Insulations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2016. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Stirling Insulations Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, which was set to cover employees from 2016 to 2019. The respondents, including unions representing the employees, contested the application, arguing that the agreement did not adequately address several issues, such as minimum wage rates, penalty rates, and provisions for shift work. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved the interpretation and application of the Fair Work Act and the Fair Work Regulations 2009. The Commission needed to assess if the agreement complied with the legislative standards concerning minimum wages, penalty rates, and shift work provisions. Additionally, the Commission examined whether the agreement had been genuinely negotiated and if it provided for appropriate dispute resolution mechanisms. The Commission's decision hinged on whether the agreement met the necessary criteria for approval under the legislation.

The Fair Work Commission examined the contents of the agreement and the submissions from both parties. It found that the agreement contained provisions that aligned with the minimum standards set by the Fair Work Act and Fair Work Regulations. The Commission determined that the wage rates and conditions provided in the agreement were fair and reasonable, and it concluded that the agreement had been genuinely negotiated. The Commission further found that the agreement included appropriate dispute resolution mechanisms. As a result, the Commission approved the enterprise agreement, finding it met all necessary legal requirements for approval.

The Fair Work Commission approved the Stirling Insulations Pty Ltd Enterprise Agreement 2016-2019. This decision confirmed the agreement as meeting all statutory requirements for minimum wage rates, penalty rates, and shift work provisions. The Commission's approval was based on the genuine negotiation of the agreement and its compliance with the Fair Work Act and Fair Work Regulations. This ruling ensures that the terms of the enterprise agreement will govern the employment conditions of the covered employees for the specified period.

Stirling Insulations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established