DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Galvanizers Corporation Pty Ltd T/A Industrial Galvanizers (Melbourne)
(AG2019/4349)

VALMONT COATINGS MELBOURNE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 NOVEMBER 2019

Application for approval of the Valmont Coatings Melbourne Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Valmont Coatings Melbourne Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Industrial Galvanizers Corporation Pty Ltd T/A Industrial Galvanizers (Melbourne). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 November 2019 and, in accordance with s.54, will operate from 28 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Industrial Galvanizers Corporation Pty Ltd, trading as Industrial Galvanizers (Melbourne), applied to the Fair Work Commission for approval of the Valmont Coatings Melbourne Enterprise Agreement 2019. The application arose from negotiations between the employer and the union, United Voice, which represented the employees. The primary dispute centred around the terms and conditions of employment outlined in the proposed agreement, and whether they were fair and reasonable.

The key legal issues before the Commission were whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, and whether it provided for the safety, health, and welfare of the employees. This included examining if the agreement provided fair and reasonable terms and conditions, and whether it was free from coercion, harassment, or undue influence. The Commission also needed to determine if the agreement provided for the proper registration of the agreement and if it contained the required provisions regarding the employee’s rights and obligations.

In considering these issues, the Commission reviewed the process by which the agreement was negotiated and the evidence provided by both parties. It found that the agreement had been negotiated in good faith and that the process was free from any unfair labour practices. The Commission concluded that the agreement met all the statutory requirements for approval, including those relating to the safety, health, and welfare of the employees, and that it provided fair and reasonable terms and conditions. The Commission also found that the agreement contained all the necessary provisions and was properly registered.

The Fair Work Commission approved the Valmont Coatings Melbourne Enterprise Agreement 2019, finding that it met all the statutory criteria for approval. The Commission emphasised the importance of the agreement in providing fair and reasonable terms and conditions for the employees, while also recognising the need for flexibility and efficiency in the workplace. The approval of the agreement will now provide a framework for the employment relationship between the employer and the employees for the period specified in the agreement.

Industrial Galvanizers Corporation Pty Ltd T/A Industrial Galvanizers (Melbourne)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established