DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Galvanising Services Pty Ltd
(AG2020/3044)

GALVANISING SERVICES YAGOONA ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 NOVEMBER 2020

Application for approval of the Galvanising Services Yagoona Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Galvanising Services Yagoona Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Galvanising Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 10 November 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Manufacturing Workers’ Union, 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 this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2020. The nominal expiry date of the Agreement is 24 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Galvanising Services Pty Ltd was the subject of an application for the approval of the Galvanising Services Yagoona Enterprise Agreement 2020. The applicant, representing the employer, sought approval from the Fair Work Commission. The dispute arose from the negotiation of the terms and conditions of employment for the workers at the Yagoona site. The Commission was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the proper determination of employees' terms and conditions of employment, as required by section 230 of the Fair Work Act. This involved examining whether the agreement contained the minimum terms and conditions specified in the Act, and whether it had been fairly and properly negotiated. Additionally, the Commission had to consider if the agreement provided for the proper payment of wages and conditions for the employees, in line with the statutory requirements.

The Commission determined that the agreement met the statutory requirements for approval. It found that the agreement provided for the proper determination of employees' terms and conditions, including the minimum entitlements specified by the Act. The Commission was satisfied that the agreement had been fairly and properly negotiated and contained all the necessary minimum terms and conditions. Consequently, the application for approval was successful. The Commission approved the Galvanising Services Yagoona Enterprise Agreement 2020, ensuring that the employees' rights and conditions were adequately protected.

Galvanising Services 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