DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Galvanizers Corporation Pty Ltd T/A Industrial Galvanizers
(AG2020/1274)

VALMONT COATINGS HEXHAM ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 29 JUNE 2020

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

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

[2] The Employer has provided written undertakings dated 1 June 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2010), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2020. The nominal expiry date of the Agreement is 8 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Industrial Galvanizers Corporation Pty Ltd, trading as Industrial Galvanizers, sought approval for the Valmont Coatings Hexham Enterprise Agreement 2019. The application was before the Fair Work Commission, where the primary dispute centred on whether the agreement met the necessary standards and criteria set out under the Fair Work Act 2009. Specifically, the company argued that the agreement provided fair and reasonable terms and conditions for employees while considering the economic circumstances of the business.

The legal issues before the Commission included whether the agreement sufficiently provided for minimum entitlements and whether it was made in good faith and without coercion. Additionally, the Commission had to assess if the agreement allowed for the proper resolution of workplace issues and if it adequately facilitated the efficient operation of the enterprise. The company asserted that the agreement was negotiated in good faith and reflected a fair balance between the interests of both employers and employees.

The Fair Work Commission found that the Valmont Coatings Hexham Enterprise Agreement 2019 was made in good faith and without coercion, and it provided for the minimum entitlements as required by the Fair Work Act. The Commission noted the company’s commitment to ensuring fair terms for employees while considering the economic viability of the enterprise. Therefore, the Commission approved the agreement, acknowledging the balance achieved between the interests of both parties. The approval was granted on the condition that the agreement would be subject to ongoing review and compliance with the Act.

Industrial Galvanizers Corporation Pty Ltd T/A Industrial Galvanizers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established