DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Galvanizers Corporation Pty Ltd T/A Industrial Galvanizers (Sydney)
(AG2019/1898)

VALMONT COATINGS SYDNEY ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 24 JUNE 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Valmont Coatings Sydney 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 (Sydney). 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2019. The nominal expiry date of the Agreement is 19 February 2022.

COMMISSIONER

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CaseChat Overview and Summary

Industrial Galvanizers Corporation Pty Ltd, trading as Industrial Galvanizers (Sydney), applied to the Fair Work Commission for approval of the Valmont Coatings Sydney Enterprise Agreement 2019. The application arose from negotiations between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms of the proposed enterprise agreement, specifically concerning wages, conditions, and other employment-related matters. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues the Fair Work Commission needed to address were whether the proposed agreement provided a safety net for employees, and if it was free from any illegal or unfair content. The Commission considered whether the agreement provided fair and reasonable terms and conditions for employees, including pay rates, leave entitlements, and other benefits. Furthermore, the Commission had to ensure that the agreement complied with the provisions of the Fair Work Act and did not include any terms that were contrary to public policy or otherwise unlawful.

In reaching its decision, the Fair Work Commission examined the terms of the proposed agreement and the submissions made by both parties. The Commission found that the agreement provided a safety net that was consistent with the minimum standards set out in the relevant modern awards. The Commission also determined that the agreement did not contain any illegal or unfair terms and was therefore consistent with the requirements of the Fair Work Act. The Commission approved the Valmont Coatings Sydney Enterprise Agreement 2019, noting that it provided fair and reasonable terms and conditions for employees and was in compliance with the relevant legislation.

The Fair Work Commission's decision was final and binding, and the Valmont Coatings Sydney Enterprise Agreement 2019 was approved. The agreement will now apply to the employees of Industrial Galvanizers (Sydney) and will remain in force until it is terminated or replaced by a new enterprise agreement. The approval of the agreement provides certainty for both the company and its employees, and ensures that the terms and conditions of employment are fair and reasonable.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established