DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Galvanising Industries Pty Ltd
(AG2015/5738)

NATIONAL GALVANISING INDUSTRIES ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 OCTOBER 2015

Application for approval of the National Galvanising Industries Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the National Galvanising Industries Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Galvanising Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 14 October 2015 and, in accordance with s.54, will operate from 21 October 2015. The nominal expiry date of the Agreement is 1 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

National Galvanising Industries Pty Ltd (NGI) applied to the Fair Work Commission (FWC) for the approval of an enterprise agreement. The application was made under section 231 of the Fair Work Act 2009. The dispute involved NGI and the National Electrical and Metals Employees’ Union (NEMEU), as well as a number of individual employees.

The legal issues before the FWC were whether the enterprise agreement complied with the statutory requirements for approval and whether it provided for the appropriate terms and conditions for the employees. Specifically, the FWC needed to determine if the agreement met the criteria for “avoiding, preventing and resolving industrial disputes” and “providing for the efficient and productive operation of the enterprise.” The FWC also had to consider whether the agreement was “fair” and “in the interests of the national system.”

The FWC examined the provisions of the agreement and the submissions made by both parties. The FWC found that the agreement contained all the necessary terms and conditions and met the statutory requirements for approval. The FWC also found that the agreement provided for the efficient and productive operation of the enterprise and avoided, prevented, and resolved industrial disputes. The FWC considered the agreement to be fair and in the interests of the national system.

The FWC approved the National Galvanising Industries Enterprise Agreement 2015 - 2018 under section 231 of the Fair Work Act 2009. The agreement is to be registered by the Registrar of the Fair Work Commission. The approval of the agreement is effective from the date of registration.

National Galvanising Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established