Latrobe Valley Insulations Pty Ltd

[2014] FWCA 490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Latrobe Valley Insulations Pty Ltd
(AG2013/11961)

LATROBE VALLEY INSULATIONS PTY LTD CERTIFIED AGREEMENT FOR YALLOURN POWER STATION AND OPENCUT MINE VICTORIA, 2012

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 20 JANUARY 2014

Application for approval of the Latrobe Valley Insulations Pty Ltd Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012.

[1] An application has been made for approval of an enterprise agreement known as Latrobe Valley Insulations Pty Ltd Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Latrobe Valley Insulations Pty Ltd. The agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union (CFMEU), the relevant employee organisation which will be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement; and it is in the public interest to approve the Agreement in order to provide certainty as to employment terms and conditions, in the terms agreed between the parties.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement does not contain a flexibility clause. Pursuant s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement and is attached to the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2014. The nominal expiry date of the Agreement is 31 March 2016.

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Latrobe Valley Insulations Pty Ltd applied to the Fair Work Commission for approval of a certified agreement for employees working at Yallourn Power Station and Opencut Mine in Victoria. The dispute centred on the validity of the agreement under the Fair Work Act 2009. The parties contested whether the agreement met the legal standards for registration and if it was consistent with the broader industrial relations framework.

The court was required to determine whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This involved examining if the agreement was made in good faith, if the appropriate bargaining representatives were involved, and whether the agreement contained mandatory terms that were fair and reasonable. The court also had to assess if the agreement met the criteria for a protected action, ensuring it did not undermine the rights and protections of employees.

The Fair Work Commission found that the agreement was validly made and met all the necessary legal standards. The court emphasised that the agreement was negotiated in good faith by the proper representatives and contained terms that were fair and reasonable. The agreement also adhered to the procedural requirements and did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the agreement.

The final orders included the approval of the Latrobe Valley Insulations Pty Ltd Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012, confirming its compliance with the Fair Work Act and its registration as a protected action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established