Industrial Galvanizers Corporation Pty Ltd
[2022] FWCA 3820
•31 OCTOBER 2022
| [2022] FWCA 3820 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Industrial Galvanizers Corporation Pty Ltd
(AG2022/4287)
Valmont Coatings Melbourne Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 31 OCTOBER 2022 |
Application for approval of the Valmont Coatings Melbourne Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Valmont Coatings Melbourne Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Industrial Galvanizers Corporation Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Employer has 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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.
Clause 20.2 of the Agreement provides for compassionate leave. However, the Agreement is silent is relation to the entitlement when an employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act. However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards (NES) will prevail where there is an inconsistency between the Agreement and the NES.
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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 November 2022. The nominal expiry date of the Agreement is 31 October 2026.
DEPUTY PRESIDENT
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Annexure A
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