Industrial Galvanizers Corporation Pty Ltd

[2023] FWCA 906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Industrial Galvanizers Corporation Pty Ltd

(AG2023/673)

VALMONT COATINGS HEXHAM ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 27 MARCH 2023

Application for approval of the Valmont Coatings Hexham Enterprise Agreement 2023

Industrial Galvanizers Corporation Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Valmont Coatings Hexham Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.

Section 183 Bargaining representative

The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 3 April 2023. The nominal expiry date of the Agreement is 8 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Industrial Galvanizers Corporation Pty Ltd is involved in a dispute concerning the approval of the Valmont Coatings Hexham Enterprise Agreement 2023. The application was brought before the Fair Work Commission, which is responsible for assessing and approving enterprise agreements under the Fair Work Act 2009. The crux of the dispute lies in whether the proposed enterprise agreement meets all the legal requirements set out in the legislation, specifically whether it ensures fairness and complies with the good faith bargaining principles.

The central legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, if it provided for a fair and reasonable outcome for the employees, and whether it was made in good faith. Additionally, the Commission examined if the agreement adequately addressed the interests of both the employer and the employees and whether it complied with the procedural requirements of the Act.

In delivering its decision, the Commission meticulously reviewed the terms of the agreement and considered the submissions from both parties. The Commission found that the agreement satisfied all the necessary criteria. It was comprehensive in its coverage of relevant terms and conditions, and it achieved a fair balance between the interests of the employer and the employees. Furthermore, the Commission was satisfied that the agreement was the product of genuine negotiations and good faith bargaining. As a result, the Commission approved the Valmont Coatings Hexham Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established