DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Galway Refractories Pty Limited
(AG2016/3234)

GALWAY REFRACTORIES PTY LIMITED - REFRACTORY AND ASSOCIATED SERVICES - NATIONAL ENTERPRISE AGREEMENT - 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 JULY 2016

Application for approval of the Galway Refractories Pty Limited - Refractory and Associated Services - National Enterprise Agreement - 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Galway Refractories Pty Limited - Refractory and Associated Services - National Enterprise Agreement - 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Galway Refractories Pty Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 25 July 2016 and, in accordance with s.54, will operate from 1 August 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Galway Refractories Pty Limited applied to the Fair Work Commission for approval of a proposed enterprise agreement. The agreement covered refractory and associated services for the period 2016-2019. The dispute involved the terms and conditions of employment, including pay rates and other benefits for the employees.

The primary legal issues that the court had to decide were whether the proposed agreement complied with the Fair Work Act 2009, and if the process for reaching the agreement was fair and appropriate. Specifically, the court examined whether the agreement met the criteria for "registered" status under the Act, including whether the agreement had been made in good faith and without coercion, and if it provided for proper mechanisms for dispute resolution.

The court found that the agreement was made in good faith and without coercion. It also concluded that the agreement contained appropriate mechanisms for dispute resolution. The court was satisfied that the process for reaching the agreement was fair and appropriate, and that the agreement met all the requirements for registration under the Fair Work Act. Consequently, the court approved the proposed agreement, granting it registered status.

The final orders of the court included the registration of the Galway Refractories Pty Limited - Refractory and Associated Services - National Enterprise Agreement - 2016-2019, thereby making it legally binding on the parties involved.

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