DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Galvanising Services Pty Ltd
(AG2017/2237)

GALVANISING SERVICES YAGOONA ENTERPRISE AGREEMENT 2017 - 2020

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 18 JULY 2017

Application for approval of the Galvanising Services Yagoona Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Galvanising Services Yagoona Enterprise Agreement 2017 - 2020. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Galvanising Services 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 “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 25 July 2017. The nominal expiry date of the Agreement is 18 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Galvanising Services Pty Ltd was a party to an enterprise agreement which was due to expire. The applicant, a company engaged in galvanising services, sought approval of a proposed new enterprise agreement with the respondent, a union representing the workers. The Fair Work Commission was the court which dealt with the matter. The primary issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was made in good faith and whether it provided for terms and conditions that were fair and reasonable.

The Commission examined the process by which the agreement was negotiated and whether it was done in good faith. It also considered whether the terms and conditions of the proposed agreement were fair and reasonable, taking into account the nature of the work and the interests of the parties. The Commission noted that the agreement contained provisions that went beyond the minimum terms and conditions set out in the relevant award, and that there was evidence of a genuine attempt by both parties to reach a mutually acceptable outcome. The Commission was satisfied that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions.

Accordingly, the Commission approved the proposed enterprise agreement. The agreement was to apply from the date of expiry of the existing agreement and would remain in force until the next scheduled expiry date. The Commission's decision was based on its assessment of the evidence and its application of the relevant legal principles. The orders made by the Commission reflected its determination that the proposed agreement met the statutory requirements for approval.

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