Valen Power Pty Ltd

Case [2024] FWCA 2721
[2024] FWCA 2721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Valen Power Pty Ltd

(AG2024/2557)

VALEN POWER PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries

DEPUTY PRESIDENT CROSS

SYDNEY, 25 JULY 2024

Application for approval of the Valen Power Pty Ltd Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Valen Power Pty Ltd 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 Valen Power Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2024. The nominal expiry date of the Agreement is 25 July 2028.

DEPUTY PRESIDENT

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Details
AGLC
Valen Power Pty Ltd [2024] FWCA 2721
Case
[2024] FWCA 2721
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Valen Power Pty Ltd applied for the approval of the Valen Power Pty Ltd Enterprise Agreement 2024. The agreement was submitted under section 234 of the Fair Work Act 2009, as it concerned the employees of Valen Power Pty Ltd who are classified as operational employees. The application was contested by the Australian Council of Trade Unions, which raised concerns regarding the fairness and coverage of the proposed agreement.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act and whether it provided for fair and reasonable terms and conditions for the employees. Specifically, the Commission had to determine if the agreement contained all the mandated provisions, was free from unlawful content, and provided for terms and conditions that were not less favourable than the applicable awards or the national system of minimum wages.

The Commission found that the agreement complied with the statutory requirements and was fair and reasonable for the employees. It noted that the agreement included all necessary provisions and was free from any unlawful content. The Commission also considered the nature of the work performed by the employees and the specific terms of the agreement, concluding that it provided for fair and reasonable terms and conditions. The application was therefore approved, and the Valen Power Pty Ltd Enterprise Agreement 2024 was registered under the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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