GB Galvanizing

[2025] FWCA 1781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

GB Galvanizing

(AG2025/1402)

GB GALVANIZING SERVICE PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 27 MAY 2025

Application for approval of the GB Galvanizing Service Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the GB Galvanizing Service Pty Ltd Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by GB Galvanizing (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 3 June 2025. The nominal expiry date of the Agreement is 27 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter of GB Galvanizing Service Pty Ltd Enterprise Agreement 2025 was brought before the Fair Work Commission. The dispute involved the application for approval of an enterprise agreement between GB Galvanizing Service Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, the employee representative. The central issue was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The court was required to assess if the agreement contained appropriate provisions regarding employee rights, obligations, and protections, and if it had been negotiated in good faith.

The Fair Work Commission examined the agreement to determine if it satisfied the requirements for approval under the Fair Work Act. The key legal issues revolved around whether the agreement contained minimum entitlements, if the negotiation process was conducted in good faith, and if the agreement addressed the specific needs and interests of both parties. The Commission also considered the implications of the agreement on the broader industrial relations framework and its compliance with the Fair Work Act's provisions.

In its decision, the Fair Work Commission found that the GB Galvanizing Service Pty Ltd Enterprise Agreement 2025 met the necessary criteria for approval. The Commission determined that the agreement included appropriate provisions for employee rights, obligations, and protections, and that it had been negotiated in good faith. The agreement was deemed to comply with the Fair Work Act, and the Commission approved it, highlighting its balanced approach to the needs and interests of both the employer and the employees. The decision underscores the importance of ensuring that enterprise agreements are fair, comprehensive, and negotiated with due consideration of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established