DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Insulation Pty Ltd
(AG2015/7565)

TOTAL INSULATION PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 DECEMBER 2015

Application for approval of the Total Insulation Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Total Insulation Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Total Insulation Pty Ltd. 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 Construction, Forestry, Mining and Energy 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 was approved on 18 December 2015 and, in accordance with s.54, will operate from 25 December 2015. The nominal expiry date of the Agreement is 30 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Insulation Pty Ltd sought approval of the Total Insulation Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017. The Australian Building and Construction Commission was a party to the application. The application was made to the Fair Work Commission, which was exercising its powers under the Fair Work Act 2009. The Commission was required to decide whether the agreement met the requirements for registration under the Act.

The central legal issue was whether the agreement contained genuine bargain provisions and whether it met the "better off overall test". The Commission considered whether the agreement provided employees with benefits that were reasonably comparable to those provided under the relevant award, and whether the agreement was likely to result in improved working conditions or outcomes for employees. The Commission also considered the extent to which the agreement provided for the protection of employees' rights and interests.

The Commission found that the agreement met the genuine bargain test and the better off overall test. The agreement provided for a number of benefits for employees, including wage increases, improved leave provisions, and the establishment of a dispute resolution procedure. The Commission was satisfied that the agreement provided for genuine bargaining between the parties and that it was likely to result in improved working conditions or outcomes for employees. The Commission also found that the agreement provided for the protection of employees' rights and interests.

The Fair Work Commission approved the application for registration of the Total Insulation Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017. The agreement was registered on the terms and conditions set out in the application. The decision of the Commission is final and binding on the parties.

Total Insulation 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