Industrial Galvanisers Corporation Pty Ltd T/A Ingal Civil Products

[2013] FWCA 569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Industrial Galvanisers Corporation Pty Ltd T/A Ingal Civil Products
(AG2012/13215)

INGAL CIVIL PRODUCTS - MANUFACTURING AND WAREHOUSE COLLECTIVE AGREEMENT 2013 - 2014

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 24 JANUARY 2013

Application for approval of the INGAL Civil Products - Manufacturing and Warehouse Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the INGAL Civil Products - Manufacturing and Warehouse Collective Agreement 2013 - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement applies to the manufacturing and warehouse personnel at the sites listed in clause 3 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 31 January 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Industrial Galvanisers Corporation Pty Ltd trading as Ingal Civil Products, applied to the Fair Work Commission for the approval of the INGAL Civil Products - Manufacturing and Warehouse Collective Agreement 2013 - 2014. The respondent, the Australian Manufacturing Workers' Union, represented the employees. The application involved the negotiation and endorsement of a collective agreement covering the terms and conditions of employment for workers in the manufacturing and warehouse sectors. The primary dispute centred on the procedural fairness of the negotiation process and the subsequent endorsement of the agreement.

The legal issues before the court were whether the negotiations were conducted in good faith and whether the endorsement process complied with the requirements of the Fair Work Act 2009. The court examined whether the applicant had engaged in genuine bargaining and whether the process allowed for meaningful participation by the union. Additionally, the court had to determine if the agreement met the criteria for being made out as a single, indivisible agreement, as mandated by the legislation.

The court found that the negotiations were conducted in good faith and that the process allowed for meaningful participation by the union. The applicant demonstrated a willingness to engage in discussions and make concessions where appropriate. The endorsement process also met the statutory requirements, with the union's executive endorsing the agreement based on a majority vote of its members. The court was satisfied that the agreement was a single, indivisible document, meeting the necessary legislative criteria. As a result, the court approved the collective agreement.

The final orders included the approval of the INGAL Civil Products - Manufacturing and Warehouse Collective Agreement 2013 - 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees until its expiry or termination in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established