Hunter Galvanizing Pty Ltd

[2022] FWCA 1616

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hunter Galvanizing Pty Ltd

(AG2022/1180)

HUNTER GALVANIZING PTY LTD ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
Commissioner Matheson	SYDNEY, 13 MAY 2022

Application for approval of the Hunter Galvanizing Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Hunter Galvanizing Pty Ltd Enterprise Agreement 2022 (Agreement). The application was made by Hunter Galvanizing Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know was a bargaining representative for the Agreement were sought and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

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) 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 20 May 2022. The nominal expiry date of the Agreement is 20 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hunter Galvanizing Pty Ltd was the applicant, seeking approval of a new enterprise agreement under the Fair Work Act 2009. The dispute arose from the negotiation and proposed implementation of the Hunter Galvanizing Pty Ltd Enterprise Agreement 2022. The Fair Work Commission, as the body responsible for the approval of such agreements, heard the matter. The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including provisions for fair and equitable terms, and whether it was made in good faith and without coercion. The Commission also needed to consider the balance of the agreement and whether it met the 'better off overall test' as stipulated in the legislation.

The Commission examined the terms of the agreement, taking into account the submissions from both the applicant and the relevant union, as well as the employees' interests. The applicant argued that the agreement was fair, equitable, and made without coercion, and that it met the better off overall test. The Commission scrutinised the proposed changes to the employees' terms and conditions, including changes to pay rates, leave entitlements, and other working conditions. The Commission also assessed whether the agreement provided a fair balance of rights and obligations between the employer and the employees.

After careful consideration of the evidence and submissions, the Commission concluded that the Hunter Galvanizing Pty Ltd Enterprise Agreement 2022 met the requirements of the Fair Work Act. The Commission found that the agreement provided fair and equitable terms for the employees, was made without coercion, and met the better off overall test. The Commission approved the agreement, noting the improvements it brought to the employees' conditions and the overall balance it struck between the parties' interests.

As a result of the decision, the Hunter Galvanizing Pty Ltd Enterprise Agreement 2022 was approved and is now in effect. The terms of the agreement will govern the employment conditions of the employees covered by the agreement, subject to the provisions of the Fair Work Act and any further determinations by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established