Industrial Galvanizers Corporation Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Industrial Galvanizers Corporation Pty Ltd applied to the Fair Work Commission for approval of the Valmont Coatings Melbourne Enterprise Agreement 2022. The application was made under section 232 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the legal requirements for approval, including whether it provided for fair and reasonable terms and conditions.

The legal issues before the Commission included whether the agreement provided adequate protections for employees in relation to pay rates, working conditions, and dispute resolution mechanisms. The Commission also needed to consider whether the agreement was made in good faith and whether it provided for the proper classification of employees. The Commission noted that the agreement had been negotiated between the employer and the union, and that it had been put to a vote of the employees.

The Fair Work Commission found that the agreement met the legal requirements for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and that it provided adequate protections for employees. The Commission also found that the agreement had been made in good faith and that it provided for the proper classification of employees. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the relevant legislation.

The Fair Work Commission made orders approving the Valmont Coatings Melbourne Enterprise Agreement 2022, subject to certain modifications. The Commission ordered that the agreement be registered with the Fair Work Ombudsman and that it be brought into effect on the date of the Commission's decision. The Commission also ordered that the agreement be notified to all employees covered by the agreement and to the relevant union. The employer and the union were ordered to take all necessary steps to give effect to the agreement.

Industrial Galvanizers Corporation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established