DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Therma-Safe Insulation Industries Pty Ltd
(AG2018/2116)

THERMA-SAFE INSULATION INDUSTRIES PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Therma-Safe Insulation Industries Pty Ltd Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Therma-Safe Insulation Industries Pty Ltd Employee Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Therma-Safe Insulation Industries Pty Ltd. 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.

[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 Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Therma-Safe Insulation Industries Pty Ltd Employee Enterprise Agreement 2018. The applicant, Therma-Safe Insulation Industries Pty Ltd, sought approval from the Fair Work Commission for the agreement, which was intended to govern the employment conditions of its employees. The nature of the dispute was primarily around whether the agreement complied with the requirements of the Fair Work Act 2009, particularly concerning its fairness and the processes involved in its formation.

The legal issues that the Fair Work Commission was required to decide included whether the agreement was a "single interest" enterprise agreement, whether the agreement had been negotiated in good faith, and whether the agreement satisfied the "better off overall test". Furthermore, the Commission had to assess if the necessary procedural requirements were met, including the provision of relevant information to employees and the opportunity for objections and submissions.

The Fair Work Commission found that the agreement was a "single interest" enterprise agreement and that it had been negotiated in good faith. The Commission also determined that the agreement met the "better off overall test" as it provided for terms and conditions that were not less favourable than the applicable awards or the employees’ previous agreements. The Commission further concluded that all procedural requirements were met, including the provision of relevant information to employees and the opportunity for objections and submissions. As a result, the application for approval was successful.

The final orders of the Fair Work Commission were that the Therma-Safe Insulation Industries Pty Ltd Employee Enterprise Agreement 2018 be approved as a registered agreement. This decision provided legal certainty for both the employer and employees, ensuring that the agreement would govern their employment conditions moving forward.

Therma-Safe Insulation Industries 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