Hunter Galvanizing Pty Ltd

[2025] FWCA 3437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hunter Galvanizing Pty Ltd

(AG2025/3273)

HUNTER GALVANIZING PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 14 OCTOBER 2025

Application for approval of the Hunter Galvanizing Pty Ltd Enterprise Agreement 2025

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

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

I note that the Agreement contains an NES precedence clause at cl.4, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2025. The nominal expiry date of the Agreement is 21 October 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Hunter Galvanizing Pty Ltd recently sought approval of its Enterprise Agreement 2025 from the Fair Work Commission. The agreement, intended to govern the working conditions of its employees, was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that certain provisions did not meet the legal requirements for an enterprise agreement. The matter was heard in the Fair Work Commission, where the central legal issues revolved around whether the provisions of the agreement were consistent with the Fair Work Act 2009 and whether they appropriately balanced the rights and interests of both employers and employees.

The Fair Work Commission carefully examined the provisions of the agreement, focusing on whether they met the statutory criteria for approval, such as ensuring the agreement did not undermine the rights of employees and whether it was made in good faith. The Commission considered submissions from both parties and assessed whether the agreement appropriately addressed the needs of the employees and the operational requirements of the employer. In its reasoning, the Commission highlighted that the agreement must be fair and reasonable, taking into account the need for flexibility and the protection of employees' rights.

After thorough analysis, the Fair Work Commission concluded that the provisions of the Hunter Galvanizing Pty Ltd Enterprise Agreement 2025 were consistent with the requirements of the Fair Work Act 2009. The Commission found that the agreement appropriately balanced the interests of both the employer and the employees, and it was made in good faith. Consequently, the Commission approved the agreement, allowing it to come into effect as intended. This decision ensures that the terms of the agreement will govern the working conditions of the employees, subject to the legal framework established by the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established