GB Galvanizing Service Pty Ltd

[2021] FWCA 1727

[2021] FWCA 1727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GB Galvanizing Service Pty Ltd
(AG2021/387)

GB GALVANIZING SERVICE PTY LTD COLLECTIVE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 APRIL 2021

Application for approval of the GB Galvanizing Service Pty Ltd Collective Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the GB Galvanizing Service Pty Ltd Collective Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GB Galvanizing Service Pty Ltd. The Agreement is a single enterprise agreement.

[2] On 10 March 2021 correspondence was sent to the parties raising some concerns I had in regard to the application for approval. A response was provided by the Employer together with an undertaking that same day. Further correspondence was sent to the parties later that day advising that the response and undertaking provided by the Employer addressed my concerns, and requesting the bargaining representatives provide their views as to the undertaking by no later than midday the following day, 11 March 2021. The Australian Workers’ Union (AWU) was also advised that if they wished to be covered by the Agreement they were to file their form F18 by midday on 11 March 2021.

[3] Chambers did not receive a response from any of the bargaining representatives in regard to the undertaking provided by the Employer.

[4] Shortly after midday on 11 March 2021 the AWU filed with the Commission an F18 giving notice pursuant to s.183 of the Act that it wants to be covered by the covered by the Agreement and that it did not support approval of the Agreement by the Commission. The grounds on which the Union opposed approval are set out on the F18 as “Same grounds raised in the F18 for GB Galvanizing Service Pty Ltd Collective Agreement 2017”. A copy of a Form F18 of the AWU dated 27 July 2017 was also attached.

[5] On 25 March 2021 correspondence was sent to the parties requesting the AWU state the specific grounds they wished to raise in regard to this application by no later than midday on 26 March 2021, as some of the information outlined in the Form F18 dated 27 July 2017 was not relevant to the current application before the Commission.

[6] On 29 March 2021 further correspondence was sent to the AWU noting that no response had been received from the AWU to the Commission’s request for the specific grounds the Union wish to raise in regard to this application, and advising that in the absence of further submissions from the AWU I would proceed to determine the application for approval. No further correspondence has been received from the AWU. Accordingly, I will now proceed to determine the application.

[7] The Employer has provided written undertakings addressing concerns raised by the Commission. A copy of the undertakings is attached in 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[8] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

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

[10] The Agreement was approved on 6 April 2021 and, in accordance with s.54, will operate from 13 April 2021. The nominal expiry date of the Agreement is 6 April 2025.

COMMISSIONER

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Annexure A