DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Galvanizers Corp Pty Ltd T/A Industrial Galvanizers NSW
(AG2016/3784)

INDUSTRIAL GALVANIZERS SYDNEY ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Industrial Galvanizers Sydney Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Galvanizers Sydney Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Industrial Galvanizers Corp Pty Ltd T/A Industrial Galvanizers NSW. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 5 August 2016 and, in accordance with s.54, will operate from 12 August 2016. The nominal expiry date of the Agreement is 19 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Industrial Galvanizers Corp Pty Ltd, trading as Industrial Galvanizers NSW, sought approval for the Industrial Galvanizers Sydney Enterprise Agreement 2016. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The primary issue before the Commission was whether the agreement complied with the procedural and substantive requirements set forth in the legislation. This involved assessing whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was certified by the Australian Building and Construction Commission as free from improper conduct.

The Commission examined the application in detail, considering the evidence provided and the statutory criteria for approval. The Commission noted that the agreement was the result of negotiations between the employer and the employees' representatives, and it was essential to confirm that the process was conducted in good faith. The Commission also scrutinised the agreement's terms to ensure they included all the mandatory minimum entitlements prescribed by the Fair Work Act. Furthermore, the Commission reviewed the certification process to verify that the agreement was free from any improper conduct. Upon thorough examination, the Commission determined that the agreement met all the necessary legal criteria.

Based on its findings, the Commission approved the Industrial Galvanizers Sydney Enterprise Agreement 2016. The approval was granted on the condition that the agreement would come into effect from the date of the decision and would remain in force until the earlier of its expiry or termination in accordance with its terms. The decision provided clarity on the legal requirements for enterprise agreements and reinforced the procedural framework for their approval.

Industrial Galvanizers Corp Pty Ltd T/A Industrial Galvanizers NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established