Industrial Galvanizers Corporation Pty Ltd Summary

[2022] FWCA 2220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Industrial Galvanizers Corporation Pty Ltd

(AG2022/1875)

Valmont Coatings Sydney Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 6 JULY 2022

Application for approval of the Valmont Coatings Sydney Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Valmont Coatings Sydney Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 July 2022. The nominal expiry date of the Agreement is 6 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Industrial Galvanizers Corporation Pty Ltd was involved in a dispute with its employees regarding the approval of the Valmont Coatings Sydney Enterprise Agreement 2022. The matter was heard in the Fair Work Commission. The corporation sought approval for the agreement, which aimed to regulate the employment terms of its workers. The dispute centred on whether the agreement complied with the necessary legal standards and whether it appropriately balanced the interests of both the corporation and its employees.

The primary legal issues the court had to address were whether the agreement met the requirements set out in the Fair Work Act 2009 and whether it was made in good faith and without coercion. Specifically, the court needed to ensure that the agreement provided for fair and reasonable terms, covered all mandatory conditions, and was not prejudicial to the employees. Additionally, the court had to consider whether the agreement had been properly negotiated and if it was made with proper consultation.

In its decision, the court found that the Valmont Coatings Sydney Enterprise Agreement 2022 complied with the statutory requirements and was made in good faith. The agreement was deemed to provide for fair and reasonable terms, including provisions on wages, hours of work, and other employment conditions. The court was satisfied that the agreement was negotiated with proper consultation and did not contain any terms that were prejudicial to the employees. As a result, the Fair Work Commission approved the agreement.

The Fair Work Commission approved the Valmont Coatings Sydney Enterprise Agreement 2022, finding it to be in compliance with the Fair Work Act 2009. The court's decision ensured that the agreement would regulate the employment terms of the corporation's employees in a fair and balanced manner.

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