DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Galvanizers Corporation Pty Ltd T/A Industrial Galvanizers VIC
(AG2016/5126)

INDUSTRIAL GALVANIZERS MELBOURNE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Industrial Galvanizers Melbourne Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Galvanizers Melbourne Enterprise Agreement 2016 (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 VIC. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Industrial Galvanizers Corporation Pty Ltd T/A Industrial Galvanizers VIC applied to the Fair Work Commission for approval of the Industrial Galvanizers Melbourne Enterprise Agreement 2016. The application followed the Fair Work Act 2009's process for the approval of enterprise agreements, which requires the agreement to meet certain criteria, including that it is not contrary to public policy. The application was opposed by the Building and Construction General On-Site Workers Union of Australia (the Union), which argued that the agreement did not comply with the public policy requirement.

The central legal issue before the Fair Work Commission was whether the agreement contained provisions that were contrary to public policy. The Union argued that certain provisions of the agreement, including those relating to the classification and remuneration of workers, were inconsistent with the public policy of promoting fair and equitable outcomes for workers. The Fair Work Commission considered the arguments of both parties and examined the provisions of the agreement in question.

The Fair Work Commission found that the agreement did not contain any provisions that were contrary to public policy. The Commission noted that the agreement provided for fair and reasonable terms and conditions for workers, including provisions for minimum rates of pay, penalty rates, and leave entitlements. The Commission also found that the classification of workers under the agreement was consistent with industry standards and practices. The Fair Work Commission approved the agreement, finding that it met all the requirements of the Fair Work Act 2009.

The Fair Work Commission made an order approving the Industrial Galvanizers Melbourne Enterprise Agreement 2016, subject to certain conditions. The conditions included that the agreement be in writing and signed by the parties, and that a copy of the agreement be provided to the Fair Work Ombudsman. The order also required that the agreement be notified to affected employees and that any disputes arising under the agreement be referred to the Fair Work Commission for resolution.

Industrial Galvanizers Corporation Pty Ltd T/A Industrial Galvanizers VIC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established