DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Galvanizers Corporation Pty Ltd T/A Ingal EPS
(AG2017/6568)

INGAL EPS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 16 MAY 2018

Application for approval of the Ingal EPS Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ingal EPS Enterprise Agreement 2017 (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 EPS. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2018. The nominal expiry date of the Agreement is 8 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Industrial Galvanizers Corporation Pty Ltd, trading as Ingal EPS, for the approval of the Ingal EPS Enterprise Agreement 2017. The application was brought under section 231 of the Fair Work Act 2009. The legal issues that the Commission needed to address were whether the agreement met the requirements for "bargaining representative approval" as stipulated by the Act, and if it contained the necessary provisions for good faith bargaining as per section 179 of the Act.

In assessing the application, the Fair Work Commission examined the process by which the agreement was negotiated and whether it adhered to the principles of good faith bargaining. The Commission took into account the submissions from both parties, the bargaining representatives, and the relevant provisions of the Fair Work Act. It was determined that the agreement had been negotiated in good faith, with all mandatory provisions included, and that the parties had engaged in genuine discussions throughout the bargaining process. Consequently, the Commission approved the Ingal EPS Enterprise Agreement 2017.

The Fair Work Commission found that the application for approval of the Ingal EPS Enterprise Agreement 2017 was in accordance with the requirements of the Fair Work Act. The Commission accepted that the agreement had been negotiated in good faith and contained all the mandatory provisions as required by the Act. As such, the Commission approved the agreement, ensuring that it would now be 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