Application for approval of the Valmont Coatings Hexham Enterprise Agreement 2024

[1] An application has been made for approval of an enterprise agreement known as the Valmont Coatings Hexham Enterprise Agreement 2024 (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 (the Applicant). The Agreement is a single enterprise agreement.

[2] The materials filed with the application disclosed a minor discrepancy between the name of the proposed agreement in the Notice of Employee Representational Rights (NERR) and in the Agreement itself. The discrepancy was limited to the year referred to in the respective titles in the NERR and the Agreement. The Applicant submitted that this was an inadvertent error that did not impact on the genuine agreement of the employees and was not detrimental to them. The discrepancy is a minor technical error which, in accordance with s.188(5) of the Act, I am able to disregard where I am satisfied that employees were not likely to have been disadvantaged by the error. I am satisfied that this is the case here and will disregard the error.

[3] The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

[4] Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[5] I note that Clause 3.1 of the Agreement provides that where there is an inconsistency between this agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

[6] Pursuant to clause 3.2 of the Agreement the terms of the Manufacturing and Associated Industries Occupations Award 2020, including clause 40A Workplace delegates' rights, are incorporated into the Agreement.

[7] The Australian Workers' Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

[8]

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 4 April 2029.

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