Industrial Galvanizers Corporation Pty Ltd T/A Ingal Civil Products

[2018] FWCA 2650

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Industrial Galvanizers Corporation Pty Ltd T/A Ingal Civil Products

(AG2017/5389)

Ingal Civil Products Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Gostencnik	MELBOURNE, 11 MAY 2018

Application for approval of the Ingal Civil Products Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Ingal Civil Products Enterprise Agreement 2018 (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 Ingal Civil Products. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 2018. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE428314‑‑PR607003>

Annexure A

CaseChat Overview and Summary

Industrial Galvanizers Corporation Pty Ltd, trading as Ingal Civil Products, filed an application seeking approval of the Ingal Civil Products Enterprise Agreement 2018. The applicant argued that the agreement, which was negotiated and executed in accordance with the Fair Work Act 2009, met all statutory requirements for registration and was in the best interests of the employees involved. The dispute was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement had been fairly and genuinely negotiated and if it met the criteria set out in the Fair Work Act. The Commission needed to determine if the agreement was in the best interests of the employees and if it complied with the procedural and substantive requirements of the Act. Another significant issue was whether the agreement appropriately balanced the interests of the employer and employees.

The Commission found that the agreement was the product of genuine and fair negotiations and contained appropriate terms and conditions. The applicant had demonstrated compliance with all necessary procedures and provided sufficient evidence to support the agreement's benefits for the employees. The Commission concluded that the agreement was in the best interests of the employees and met all statutory requirements for registration. Consequently, the Commission approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

The Fair Work Commission approved the Ingal Civil Products Enterprise Agreement 2018, confirming that it had been fairly and genuinely negotiated, met all statutory requirements, and was in the best interests of the employees. The agreement was thus registered and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established