DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Galvanizers Corporation Pty Ltd T/A Ingal EPS
(AG2021/4460)

INGAL EPS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 13 APRIL 2021

Application for approval of the Ingal EPS Enterprise Agreement 2020.

[1] The Industrial Galvanizers Corporation Pty Ltd t/a Ingal EPS has applied for approval of a single enterprise agreement known as the Ingal EPS Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 20 April 2021. The nominal expiry date of the Agreement is 8 December 2023.

[4] The consultation term in the Agreement does not contain all of the prescribed content. The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Industrial Galvanizers Corporation Pty Ltd, trading as Ingal EPS, applied for the approval of the Ingal EPS Enterprise Agreement 2020. The application was made under section 231 of the Fair Work Act 2009. The applicant sought to have the agreement, which was negotiated with the relevant trade union, recognised as a registered agreement. The dispute centred on whether the agreement met the statutory requirements for registration and if it provided fair terms and conditions of employment for the employees covered by the agreement.

The court had to determine whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it was made in good faith and without coercion. The applicant argued that the agreement was fair and reasonable, having been negotiated in good faith. The union supported the application, asserting that the agreement was made without any undue influence or pressure on the part of the employer. The court needed to consider the content of the agreement, the process of its negotiation, and whether it adhered to the principles of good faith bargaining and the mandatory terms prescribed by the Act.

The Fair Work Commission found that the agreement contained all the mandatory terms required by the Fair Work Act and was made in good faith without any undue influence or coercion. The Commission was satisfied that the negotiation process was conducted appropriately and that the agreement was fair and reasonable for the employees. The court approved the application, recognising the agreement as a registered enterprise agreement under the Act. Consequently, the Ingal EPS Enterprise Agreement 2020 was registered, and its terms became binding on the parties involved.

Industrial Galvanizers Corporation Pty Ltd T/A Ingal EPS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established