Industrial Galvanizers Corporation Pty Ltd T/A AusZinc Metals and Alloys

[2014] FWCA 2203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Galvanizers Corporation Pty Ltd T/A AusZinc Metals and Alloys
(AG2014/3914)

AUSZINC METALS AND ALLOYS PORT KEMBLA ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 APRIL 2014

Application for approval of the AusZinc Metals and Alloys Port Kembla Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the AusZinc Metals and Alloys Port Kembla 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 Galvanisers Corporation Pty Ltd t/a AusZinc Metals and Alloys. 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 11 April 2014. The nominal expiry date of the Agreement is 9 September 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Industrial Galvanizers Corporation Pty Ltd, trading as AusZinc Metals and Alloys, filed an application with the Fair Work Commission to approve the AusZinc Metals and Alloys Port Kembla Enterprise Agreement 2013. The union representing the employees, the Electrical Trades Union of Australia, contested the application, raising concerns about certain provisions of the agreement. The dispute centred on the interpretation and application of relevant industrial laws and the fairness of the agreement's terms.

The central legal issues before the court involved the interpretation of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court had to determine whether the agreement complied with the statutory requirements for registration and if it met the 'better off overall test'. The latter required that the employees be at least as well off under the new agreement as they would be under their previous conditions. The union argued that specific provisions of the agreement did not meet this test and contravened the spirit of the Fair Work Act.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the AusZinc Metals and Alloys Port Kembla Enterprise Agreement 2013 was compliant with the relevant industrial laws. The Commission determined that the agreement did indeed satisfy the better off overall test, as the new terms provided sufficient benefits to the employees, outweighing any potential detriments. The Commission further found that the agreement was consistent with the principles of the Fair Work Act and did not contravene any provisions of the Act or Regulations.

In light of the findings, the Fair Work Commission approved the AusZinc Metals and Alloys Port Kembla Enterprise Agreement 2013. The agreement was thus registered, and the union's objections were dismissed. This decision concluded the application and ensured that the terms of the agreement would govern the employment conditions of the employees moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established