Industrial Galvanizers Corporation Pty Ltd Summary

[2014] FWCA 3921

The attached document replaces the document previously issued with the above code on 13 June 2014.

The title of the Agreement has had the word “Enterprise” inserted.

Associate to Senior Deputy President Drake.

18 June 2014

[2014] FWCA 3921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Galvanizers Corporation Pty Ltd
(AG2014/6260)

INDUSTRIAL GALVANIZERS HEXHAM ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 JUNE 2014

Application for approval of the Industrial Galvanizers Hexham Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Galvanizers Hexham Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 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.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 June 2014. The nominal expiry date of the Agreement is 8 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Industrial Galvanizers Corporation Pty Ltd, which sought approval of the Industrial Galvanizers Hexham Enterprise Agreement 2013. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the necessary legal standards for approval. The primary dispute centred on the compliance of the agreement with the Fair Work Act 2009, particularly regarding its procedural fairness and whether it provided for minimum terms and conditions of employment.

The court had to decide if the agreement was made in accordance with the procedural requirements set out in the Fair Work Act, and whether it complied with the minimum standards for terms and conditions of employment. This included examining whether the agreement was made genuinely and in good faith, and whether it provided for a fair and reasonable system of determining wages and other conditions of employment. The court also considered the extent to which the agreement allowed for the protection of employee rights and interests.

In delivering its decision, the Fair Work Commission found that the agreement was made in compliance with the procedural requirements of the Fair Work Act. The Commission determined that the agreement was genuine, in good faith, and provided for a fair and reasonable system of determining wages and other conditions of employment. The agreement was found to meet all the necessary standards for approval under the Act. Consequently, the Commission approved the agreement.

The Fair Work Commission's final order was the approval of the Industrial Galvanizers Hexham Enterprise Agreement 2013, confirming its compliance with the Fair Work Act. The agreement was to be registered with the Commission and would govern the employment terms and conditions of the employees covered by 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