Torocorp Pty Ltd T/A B&D Insulation Contracting

[2013] FWCA 1230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Torocorp Pty Ltd T/A B&D Insulation Contracting
(AG2013/5038)

B&D INSULATION CONTRACTING ENTERPRISE AGREEMENT 2012-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 FEBRUARY 2013

Application for approval of the B&D Insulation Contracting Enterprise Agreement 2012-2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 February 2013 by Torocorp Pty Ltd T/A B&D Insulation Contracting for the approval of a single-enterprise agreement known as the B&D Insulation Contracting Enterprise Agreement 2012-2015 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Torocorp Pty Ltd, trading as B&D Insulation Contracting, applied for the approval of the B&D Insulation Contracting Enterprise Agreement 2012-2015. The application was brought pursuant to the Fair Work Act 2009. The applicant was represented by Mr. S. J. Wilson of the Australian Workers' Union. The respondent, B&D Insulation Contracting, was not represented. The dispute centred on the terms and conditions of employment under the proposed enterprise agreement.

The legal issues before the Commission were whether the proposed agreement met the criteria for being a lawful enterprise agreement as per the Fair Work Act, and whether the agreement fairly reflected the terms and conditions of employment for the relevant employees. Specifically, the Commission needed to determine if the agreement was made in good faith, if it provided for the terms and conditions of employment of the employees covered by the agreement, and if it complied with the statutory minimum entitlements provided for in the Fair Work Act.

The Commission found that the proposed agreement was made in good faith and contained terms and conditions of employment that were consistent with the provisions of the Fair Work Act. The agreement included provisions for wages, leave, and other employment conditions that were fair and reasonable. The Commission noted that the agreement provided for minimum entitlements as required by the Act, including the national minimum wage, penalty rates, and other statutory entitlements. The Commission was satisfied that the agreement met the requirements for approval and did not contain any terms that were contrary to public policy or otherwise unlawful.

The Commission approved the B&D Insulation Contracting Enterprise Agreement 2012-2015, effective from the date of the decision. The agreement will apply to employees of Torocorp Pty Ltd, trading as B&D Insulation Contracting, who are covered by the agreement. The approval of the agreement ensures that the employees will receive the benefits and protections provided for under the agreement, and that their employment terms and conditions are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established