DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wrap ‘em Ready Insulation WA
(AG2015/760)

WRAP ‘EM READY INSULATION WA EBA 2015

Plumbing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 23 APRIL 2015

Application for approval of the Wrap ‘em Ready Insulation WA EBA 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wrap ‘em Ready Insulation WA EBA 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Platinum Employee Relations. The agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Kairos Unit Trust T/A Wrap ‘em Ready Lagging & Insulation Solutions. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 23 April 2015 and, in accordance with s.54, will operate from 30 April 2015. The nominal expiry date of the Agreement is 23 April 2019.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Wrap ‘em Ready Insulation WA, sought approval for the Wrap ‘em Ready Insulation WA EBA 2015 from the Fair Work Commission. The dispute involved the terms and conditions of employment for insulation workers in Western Australia, aiming to establish a specific enterprise bargaining agreement (EBA). The commission was tasked with determining whether the proposed EBA met the statutory requirements and was in the best interests of the employees and employers involved.

The primary legal issues before the commission were whether the EBA complied with the Fair Work Act 2009 and whether it was free from any unfair content. This involved scrutinising the provisions of the EBA to ensure they were not contrary to the public interest, did not undermine existing awards or agreements, and did not discriminate against any group of employees. Additionally, the commission had to assess if the EBA was made without coercion, duress, or undue influence and if it provided for proper dispute resolution mechanisms.

In its decision, the commission found that the Wrap ‘em Ready Insulation WA EBA 2015 was compliant with the Fair Work Act 2009. The provisions of the agreement were deemed to be fair and reasonable, taking into account the specific needs and conditions of the industry. The commission noted that the EBA provided adequate protections for employees while also accommodating the operational requirements of employers. The agreement was found to be made without any form of coercion or undue influence, and the dispute resolution mechanisms were considered appropriate and effective.

As a result of its findings, the commission approved the Wrap ‘em Ready Insulation WA EBA 2015. The agreement was certified and registered, making it legally binding for the parties involved. This approval ensures that the terms and conditions outlined in the EBA will govern the employment relationship between Wrap ‘em Ready Insulation WA and its employees, providing a clear framework for wages, conditions, and dispute resolution.

Wrap ‘em Ready Insulation WA

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established