Industrial Galvanizers Corporation Pty Ltd (Sydney) Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Industrial Galvanizers Corporation Pty Ltd (Sydney), sought approval of the Industrial Galvanizers Sydney Enterprise Agreement 2012. The application was lodged with the Fair Work Commission, which was tasked with determining whether the agreement should be approved. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, including wages, hours of work, and other employment-related provisions.

The legal issues before the Commission included whether the agreement provided for a safety net of minimum terms and conditions that were no less favourable than the applicable awards or registered agreements, and whether the agreement contained the necessary provisions for its approval, including the requirement for independent dispute resolution. The Commission also needed to consider whether the agreement had been made in good faith and whether it complied with the procedural requirements set out in the Fair Work Act.

The Commission found that the agreement provided for a safety net of minimum terms and conditions that met the requirements of the Act. It determined that the agreement contained the necessary independent dispute resolution provisions and was made in good faith. The Commission also concluded that the agreement had been made in compliance with the procedural requirements. Therefore, the Commission approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Industrial Galvanizers Sydney Enterprise Agreement 2012, effective from 1 July 2012. The approval ensures that the terms and conditions of employment for the relevant employees are governed by the agreement, providing certainty and stability in their employment arrangements.

Industrial Galvanizers Corporation Pty Ltd (Sydney)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established