DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GB Galvanizing Service PTY LTD
(AG2017/2953)

GB GALVANIZING SERVICE PTY LTD COLLECTIVE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 OCTOBER 2017

Application for approval of the GB Galvanizing Service Pty Ltd Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GB Galvanizing Service Pty Ltd Collective Agreement 2017 (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] The Applicant has provided written undertakings. 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.

[3] 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.

[4] The Australian Workers’ Union 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.

[5] The Agreement was approved on 25 October 2017 and, in accordance with s.54, will operate from 1 November 2017. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, GB Galvanizing Service Pty Ltd sought approval for the GB Galvanizing Service Pty Ltd Collective Agreement 2017. The applicant, a galvanizing and protective coating services provider, and the respondents, including the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), entered into the agreement. The dispute centred on the terms and conditions of employment, including wages, leave entitlements, and dispute resolution mechanisms, within the collective bargaining framework of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act and whether it provided for the employees' fair and reasonable terms and conditions of employment. The Commission had to ensure the agreement did not unjustifiably discriminate against employees and was consistent with the principles of the National Employment Standards. Additionally, the fairness of the agreement's provisions, including the incorporation of existing enterprise agreements and the application of terms and conditions, was scrutinized.

The Commission found that the agreement was consistent with the legislative framework and provided fair and reasonable terms and conditions of employment. The agreement was deemed to be in the best interests of the employees, and no unjustifiably discriminatory provisions were identified. The Commission approved the agreement, noting that it incorporated existing terms and conditions and provided for appropriate dispute resolution mechanisms. This decision reflects the Commission's role in ensuring that collective agreements are fair, reasonable, and compliant with the Fair Work Act.

The Fair Work Commission approved the GB Galvanizing Service Pty Ltd Collective Agreement 2017, effective from 1 July 2017. The Commission's decision confirms the agreement's compliance with the Fair Work Act and its suitability for the employees involved. The approval of the agreement ensures that the terms and conditions of employment are fair and reasonable, aligning with the legislative intent to promote fair and productive workplace relations.

GB Galvanizing Service PTY LTD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established