DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Torocorp Pty Ltd T/A B&D Insulation Contracting
(AG2015/5520)

B&D INSULATION CONTRACTING ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 SEPTEMBER 2015

Application for approval of the B&D Insulation Contracting Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the B&D Insulation Contracting 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 Torocorp Pty Ltd T/A B&D Insulation Contracting. 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” 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2015. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Torocorp Pty Ltd T/A B&D Insulation Contracting, the Fair Work Commission (FWC) was asked to approve an enterprise agreement between the employer and the employees. The dispute centred around the validity and fairness of the proposed agreement, which was intended to cover the period from 2015 to 2019. The matter was brought before the Commission by the employer, who sought the approval of the agreement under section 232 of the Fair Work Act 2009.

The primary legal issues for the FWC to determine were whether the agreement had been made in accordance with the relevant legislative provisions and whether it met the criteria for fairness as stipulated by the Act. The FWC had to assess if the agreement was genuinely negotiated and if it contained provisions that were fair and reasonable. This included examining the process of negotiation, the content of the agreement, and whether it complied with minimum workplace entitlements.

The FWC considered the evidence presented by both parties, focusing on the negotiation process and the terms of the agreement. It was determined that the agreement had been negotiated in good faith and that the process was transparent and fair. The FWC also found that the agreement provided for terms and conditions that were fair and reasonable, taking into account the specific needs and circumstances of the employees. As a result, the FWC approved the B&D Insulation Contracting Enterprise Agreement 2015-2019, confirming its compliance with the requirements of the Fair Work Act.

The FWC's decision to approve the agreement was based on the evidence that the negotiation process was fair and that the terms of the agreement were reasonable. The Commission found no grounds to reject the application for approval. As such, the agreement was accepted as valid and binding between the employer and the employees, ensuring that it would govern the employment conditions for the specified period.

Torocorp Pty Ltd T/A B&D Insulation Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established