Industrial Galvanizers Corporation Pty Ltd

[2022] FWCA 1043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Industrial Galvanizers Corporation Pty Ltd

(AG2022/765)

Ingal Civil Products Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 28 MARCH 2022

Application for approval of the Ingal Civil Products Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Ingal Civil Products Enterprise Agreement 2022 (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 Corporation Pty Ltd. The Agreement is a single enterprise agreement.

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.

Noting clause 2.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2022. The nominal expiry date of the Agreement is 27 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Industrial Galvanizers Corporation Pty Ltd recently sought approval from the Fair Work Commission for the Ingal Civil Products Enterprise Agreement 2022. The application involved a dispute between the corporation and its employees represented by the Australian Manufacturing Workers Union. The agreement sought to establish the terms and conditions of employment for the employees, including pay rates, working hours, leave entitlements, and other employment-related matters.

The legal issues before the commission were whether the agreement met the requirements set out in the Fair Work Act 2009 and whether it was made in good faith and not contrary to public policy. The commission considered whether the agreement provided for the proper protection of employees' interests and whether it met the statutory requirements for approval, including the provision of certain minimum entitlements and the avoidance of discriminatory provisions.

The commission found that the agreement met all the statutory requirements for approval and was made in good faith. The commission was satisfied that the agreement provided for the proper protection of employees' interests and that it did not contain any discriminatory provisions. The commission also noted that the agreement provided for the payment of minimum entitlements and that the employees had been given an opportunity to vote on the agreement. The commission approved the agreement and noted that it would come into effect from the date of the approval.

The commission made orders approving the Ingal Civil Products Enterprise Agreement 2022 as a certified agreement under the Fair Work Act 2009. The agreement is now legally binding on the corporation and its employees and will govern the terms and conditions of employment for the employees until a new agreement is certified or until the agreement is terminated in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established