Industrial Galvanizers Corporation Pty Ltd Summary

[2013] FWCA 5362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Galvanizers Corporation Pty Ltd
(AG2013/7805)

INDUSTRIAL GALVANIZERS MELBOURNE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 AUGUST 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Industrial Galvanizers Melbourne Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Industrial Galvanizers Corporation Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 12 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Industrial Galvanizers Corporation Pty Ltd applied to the Fair Work Commission for approval of the Industrial Galvanizers Melbourne Enterprise Agreement 2013. The application arose after the union representing the workers and the corporation had negotiated and signed the agreement. The union sought to have the agreement approved by the Commission, which is a necessary step before the agreement can be enforced. The corporation did not oppose the application but questioned some aspects of the agreement, particularly those concerning the classification of certain employees and the operation of specific clauses.

The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act 2009. These included whether the agreement was made in good faith and whether it complied with the "better off overall test". The Commission needed to determine whether the agreement provided employees with terms and conditions that were no worse than those provided under the relevant awards, and whether it contained appropriate mechanisms for resolving disputes. The classification of employees and the interpretation of specific clauses were also subjects of contention, as the corporation argued they could potentially lead to uncertainty or unfairness.

After considering the evidence and submissions from both parties, the Commission found that the agreement was made in good faith and complied with the better off overall test. The Commission resolved the issues concerning employee classification by interpreting the relevant clauses in a way that was fair and reasonable. It also found that the dispute resolution mechanisms were appropriate and in line with the Act. Consequently, the Commission approved the agreement, noting that it provided a fair and effective framework for the employment relationship between the parties.

The Commission's decision was that the Industrial Galvanizers Melbourne Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. This approval means that the agreement can now be enforced, and the terms and conditions it sets out will apply to 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