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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Trustee for Valley Labour Services Pty Ltd for the approval of the Valley Labour Services Pty Ltd Enterprise Agreement 2017. The dispute centred around the provisions of the proposed enterprise agreement and whether they met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the public interest and met the necessary conditions for certification.

The primary legal issues before the Commission were whether the provisions of the enterprise agreement complied with the statutory requirements and whether they were consistent with the principles of industrial relations law. This included an assessment of whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adequately protected the rights of employees. The Commission also needed to consider whether the agreement contained any provisions that were contrary to the public interest or the overarching objectives of the Fair Work Act.

In delivering its decision, the Commission examined the provisions of the enterprise agreement in detail, taking into account the submissions from both the employer and the employees. The Commission found that the agreement contained provisions that were fair and reasonable, and that it did not contain any terms that were contrary to the public interest. The Commission was satisfied that the agreement met all the statutory requirements for approval and was consistent with the objectives of the Fair Work Act. Consequently, the Commission approved the Valley Labour Services Pty Ltd Enterprise Agreement 2017, certifying it as meeting the necessary legal standards.

The Fair Work Commission certified the Valley Labour Services Pty Ltd Enterprise Agreement 2017 as meeting the legal requirements for approval under the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it adequately protected the rights of employees. The decision ensures that the agreement is now legally binding on the parties involved, and provides a framework for the employment relationship moving forward.

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