Trustee for Valley Labour Services Pty Ltd T/A Valley Labour Services Pty Ltd

[2017] FWCA 1798

[2017] FWCA 1798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trustee for Valley Labour Services Pty Ltd T/A Valley Labour Services Pty Ltd
(AG2017/398)

VALLEY LABOUR SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER GREGORY	MELBOURNE, 30 MARCH 2017

Application for approval of the Valley Labour Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Valley Labour Services Pty Ltd Enterprise Agreement 2017 (Agreement). The application was made by Trustee for Valley Labour Services Pty Ltd T/As Valley Labour Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] 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.

[4] 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.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2017. The nominal expiry date of the Agreement is 30 March 2020.

COMMISSIONER

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Annexure A