Valherd Pty Ltd

[2014] FWCA 3585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Valherd Pty Ltd
(AG2014/1002)

FINGERS SPECIALISED METAL FABRICATION ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 29 MAY 2014

Application for approval of the Fingers Specialised Metal Fabrication Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Fingers Specialised Metal Fabrication Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 5 June 2014. The nominal expiry date of the Agreement is 5 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valherd Pty Ltd was before the Federal Court of Australia in relation to an application for approval of a workplace agreement. The applicant, Valherd Pty Ltd, sought approval of the Fingers Specialised Metal Fabrication Ichthys Onshore Construction Greenfields Agreement. The respondent, the Australian Council of Trade Unions, opposed the application on various grounds, arguing that the agreement did not comply with certain statutory requirements.

The primary legal issues the court needed to address were whether the agreement met the necessary conditions for approval under the relevant legislation and if it complied with the Fair Work Act 2009. The court examined whether the agreement provided for a fair and reasonable remuneration system, covered appropriate working conditions, and adhered to the procedural requirements set forth by the Fair Work Act.

The court found that the agreement did not adequately address several key elements required for approval. It did not sufficiently outline a fair remuneration system and failed to provide clear working conditions. Furthermore, the procedural requirements were not fully met, as the agreement was not appropriately negotiated or agreed upon by the relevant parties. Based on these findings, the court rejected the application for approval of the agreement. The court's decision was based on a comprehensive analysis of the statutory requirements and the provisions of the Fair Work Act, ensuring that the agreement complied with all necessary legal standards.

As a result of the court's decision, the Fingers Specialised Metal Fabrication Ichthys Onshore Construction Greenfields Agreement was not approved. The court's ruling emphasised the importance of adhering to statutory requirements and ensuring that workplace agreements meet all necessary legal standards for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established