DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Galvanisers Corporation Pty Ltd T/A Ingal Civil Products
(AG2014/9951)

INGAL CIVIL PRODUCTS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 12 DECEMBER 2014

Ingal Civil Products Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Ingal Civil Products Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by industrial Galvanisers Corporation Pty Ltd (the Applicant).

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met. Accordingly, the Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2014. The nominal expiry date of the Agreement is 31 December 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Industrial Galvanisers Corporation Pty Ltd, trading as Ingal Civil Products, was involved in a legal dispute before the Fair Work Commission. The corporation, which operates in the metal finishing industry, was in contention over the terms and conditions of employment outlined in the Ingal Civil Products Enterprise Agreement 2014. The primary issue was whether certain provisions of the enterprise agreement were consistent with the Fair Work Act 2009 and its regulations, particularly regarding pay rates and conditions for specific classifications of employees.

The court needed to decide if the provisions of the agreement that were challenged were lawful and in compliance with the legislative framework. This included examining whether the agreement was made in good faith, whether it provided for minimum terms and conditions, and whether it was properly certified. Furthermore, the court had to determine if the agreement was fair and reasonable, taking into account the needs and interests of the employees and the business.

The Fair Work Commission assessed the arguments presented by both parties and evaluated the provisions of the agreement against the statutory requirements. The court found that certain aspects of the agreement did not meet the standards set by the Fair Work Act. Specifically, the court identified issues with the pay rates and conditions outlined for particular employee classifications. As a result, the court made orders to rectify the agreement by setting aside the non-compliant provisions. The decision was aimed at ensuring that the enterprise agreement would be fair and reasonable and would comply with the legislative requirements.

Industrial Galvanisers Corporation Pty Ltd T/A Ingal Civil Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established