Galway Refractories Pty Limited

[2020] FWCA 799

[2020] FWCA 799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Galway Refractories Pty Limited
(AG2019/5108)

GALWAY REFRACTORIES PTY LIMITED - REFRACTORY AND ASSOCIATED SERVICES - NATIONAL ENTERPRISE AGREEMENT - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 17 FEBRUARY 2020

Application for approval of the Galway Refractories Pty Limited - Refractory and Associated Services - National Enterprise Agreement - 2020.

[1] An application (Form F16) has been filed by Galway Refractories Pty Limited (the applicant) for the approval of an enterprise agreement known as the Galway Refractories Pty Limited - Refractory and Associated Services - National Enterprise Agreement – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant provided undertakings regarding Junior Apprentices and 12-hour night shifts. The undertakings are attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[3] Subject to the undertakings and the considerations 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. The employee bargaining representatives’ views were sought regarding the undertakings provided by the applicant. However, no views were received by the Commission.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507090  PR716742>