Galvanising Services Pty Ltd Summary

[2023] FWCA 1939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Galvanising Services Pty Ltd

(AG2023/1941)

GALVANISING SERVICES YAGOONA ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 28 JUNE 2023

Application for approval of the Galvanising Services Yagoona Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Galvanising Services Yagoona Enterprise Agreement 2023 (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 Limited (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertaking is taken to be a term of the Agreement.

Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Galvanising Services Pty Ltd and its employees. The dispute centred on the application for approval of the Galvanising Services Yagoona Enterprise Agreement 2023. The Fair Work Commission heard the application, which sought to resolve issues related to the agreement's provisions and compliance with relevant industrial laws.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in relation to minimum wages, penalty rates, and other terms and conditions. The Commission had to determine if the agreement met the statutory requirements for approval, including whether it was negotiated in good faith, provided for a proper dispute resolution process, and did not unfairly discriminate against any group of employees.

The Fair Work Commission found that the agreement substantially complied with the statutory requirements. The Commission noted that the agreement provided for adequate minimum wage rates, penalty rates, and other terms and conditions that were not less favourable than those provided for in the relevant modern awards. The Commission also found that the agreement was negotiated in good faith and provided for an appropriate dispute resolution process. As a result, the Commission approved the Galvanising Services Yagoona Enterprise Agreement 2023.

The Fair Work Commission approved the Galvanising Services Yagoona Enterprise Agreement 2023, effective from the date of the decision. The decision confirmed that the agreement complied with the relevant industrial laws and would govern the employment conditions of the employees of Galvanising Services Pty Ltd at the Yagoona site.

Galvanising Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established