DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Becker Vale Pty Ltd T/A Vale Statutory & Mining Services Pty Ltd
(AG2015/4823)

BECKER VALE PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 3 SEPTEMBER 2015

Application for approval of the Becker Vale Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Becker Vale Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Becker Vale Pty Ltd T/A Vale Statutory & Mining Services 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 Agreement was approved on 3 September 2015 and, in accordance with s.54, will operate from 10 September 2015. The nominal expiry date of the Agreement is
31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Becker Vale Pty Ltd, trading as Vale Statutory & Mining Services Pty Ltd, applied for the approval of the Becker Vale Pty Ltd Enterprise Agreement 2015 before the Fair Work Commission. The enterprise agreement, which was entered into between the company and its employees, sought approval under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers' Union (AMWU), which represented some of the employees. The dispute centred on whether the enterprise agreement met the statutory requirements for approval and whether it unfairly disadvantaged some employees.

The central legal issues before the Commission were whether the agreement was genuinely a bargain between the parties, whether it contained all the required terms as per the Fair Work Act, and whether it unfairly disadvantaged any of the employees. The Commission had to assess the bargaining process, the contents of the agreement, and its compliance with the statutory requirements. Furthermore, the Commission needed to determine if the agreement met the 'better off overall test', ensuring that no employee was worse off than they would be under the applicable award or safety net.

The Fair Work Commission found that the enterprise agreement was genuinely a product of bargaining between the parties and contained all the required terms. The Commission acknowledged that some employees might be disadvantaged by the agreement but concluded that overall, employees were not worse off. The Commission was satisfied that the agreement met the 'better off overall test', as the overall benefits to the majority of employees outweighed the disadvantages faced by some. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the statutory requirements.

The Fair Work Commission approved the Becker Vale Pty Ltd Enterprise Agreement 2015, determining that it met all the necessary criteria for approval under the Fair Work Act 2009. This decision allowed the agreement to take effect, governing the employment conditions of the employees covered by the agreement.

Becker Vale Pty Ltd T/A Vale Statutory & Mining Services 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