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

CaseChat Overview and Summary

Galway Refractories Pty Limited was the subject of an application for the approval of a Refractory and Associated Services - National Enterprise Agreement 2020. The dispute was heard in the Fair Work Commission. The Commission was asked to decide whether the proposed enterprise agreement was in the best interests of the employees of Galway Refractories Pty Limited and whether it met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement was fair and reasonable in all its terms and did not adversely affect the employees of Galway Refractories Pty Limited. The Commission needed to consider the fairness and reasonableness of the proposed agreement, including its impact on employees' wages, conditions, and other entitlements. The Commission also needed to determine if the agreement complied with the requirements of the Fair Work Act, including the need for the agreement to provide for the proper operation of the enterprise and to be in the best interests of the employees.

In delivering its decision, the Commission noted that the proposed enterprise agreement provided for a range of improvements to the employees' wages, conditions, and other entitlements. The Commission found that the agreement was fair and reasonable in all its terms and did not adversely affect the employees of Galway Refractories Pty Limited. The Commission also found that the agreement complied with the requirements of the Fair Work Act, including the need for the agreement to provide for the proper operation of the enterprise and to be in the best interests of the employees. The Commission approved the proposed enterprise agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission approved the Galway Refractories Pty Limited - Refractory and Associated Services - National Enterprise Agreement 2020, subject to certain minor modifications. The modifications were made to ensure compliance with the Fair Work Act and to address any concerns raised by the Commission during the hearing. The approved agreement provides for a range of improvements to the employees' wages, conditions, and other entitlements, and is in the best interests of the employees of Galway Refractories Pty Limited.

Galway Refractories Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established