DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Geelong Galvanizing Pty Ltd
(AG2015/4197)

GEELONG GALVANIZING PTY. LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2015

Application for approval of the Geelong Galvanizing Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Geelong Galvanizing Pty. Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Geelong Galvanizing Pty Ltd. 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.

[3] The Agreement was approved on 5 August 2015 and, in accordance with s.54 of the Act, will operate from 12 August 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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Geelong Galvanizing Pty Ltd, the employer, applied to the Fair Work Commission for the approval of an enterprise agreement entered into with the union representing its employees. The union submitted that the enterprise agreement should be approved as it had been negotiated in good faith and contained no illegal terms. Geelong Galvanizing Pty Ltd argued that the agreement should not be approved as it contained terms that were contrary to the law, including terms that purported to limit the rights of employees to access workplace health and safety information and to make claims against the employer for breaches of the law.

The Fair Work Commission was required to determine whether the enterprise agreement should be approved. In doing so, the Commission was required to consider whether the agreement had been negotiated in good faith, whether it contained any illegal terms, and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement complied with the relevant legislative framework, including the Fair Work Act 2009 (Cth) and the Occupational Health and Safety Act 2004 (Vic).

The Fair Work Commission found that the enterprise agreement had been negotiated in good faith and did not contain any illegal terms. However, the Commission found that certain terms of the agreement were contrary to the law and could not be approved. Specifically, the Commission found that terms that purported to limit the rights of employees to access workplace health and safety information and to make claims against the employer for breaches of the law were contrary to the law. The Commission also found that the agreement did not comply with the legislative framework as it did not provide for the necessary protections for employees. Accordingly, the Commission refused to approve the enterprise agreement.

The Fair Work Commission refused to approve the Geelong Galvanizing Pty Ltd Enterprise Agreement 2015. The Commission found that certain terms of the agreement were contrary to the law and could not be approved. The Commission also found that the agreement did not comply with the legislative framework as it did not provide for the necessary protections for employees. The Commission's decision provides important guidance for employers and unions when negotiating enterprise agreements and highlights the need for careful consideration of the legal requirements when drafting such agreements.

Geelong Galvanizing Pty Ltd

DECISION

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