Industrial Galvanizers Corporation Pty Ltd (Sydney)

[2013] FWCA 982

[2013] FWCA 982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Industrial Galvanizers Corporation Pty Ltd (Sydney)
(AG2013/4230)

INDUSTRIAL GALVANIZERS SYDNEY ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 12 FEBRUARY 2013

Application for approval of the Industrial Galvanizers Sydney Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Galvanizers Sydney Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Commission wrote to the Applicant’s representative as the Agreement did not contain rates of pay. The Applicant’s representative advised the Commission that the Agreement incorporates the rates of pay in clause 24 of the Manufacturing and Associated Industries and Occupations Award 2010 (the Award) pursuant to clause 6 of the Agreement and that the classifications in the Agreement are the same as the Award. The Applicant’s representative has provided a copy of the rates of pay to the Commission, but does not wish them to be published.

[3] The Agreement covers those employees in the classification structure at clause 9 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 19 February 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

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