Valley Industries Limited T/A Valley Industries

[2014] FWCA 7582

FAIR WORK COMMISSION

DECISION

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

Valley Industries Limited T/A Valley Industries
(AG2014/8983)

VALLEY INDUSTRIES LTD (SUPPORTED EMPLOYEES) WORKPLACE AGREEMENT 2014.

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 24 OCTOBER 2014

Application for approval of the Valley Industries Ltd (Supported Employees) Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Valley Industries Ltd (Supported Employees) Workplace Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Valley Industries Limited T/A Valley Industries. The agreement is a single-enterprise agreement.

[2] An undertaking has been provided by Mr Trent Jennison, CEO Valley Industries Ltd. The written undertaking concerning Clauses 2.2, 5.1 and 5.6 will be taken to be a term of the Agreement pursuant to s.191 of the Act and is attached to this Decision.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2014. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valley Industries Limited, trading as Valley Industries, applied for approval of its workplace agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission. The nature of the dispute centred on the terms and conditions set forth in the proposed agreement, which aimed to govern the employment of supported employees within the company.

The legal issues that the court had to address involved whether the agreement complied with the statutory requirements and whether it provided adequate protections and entitlements for the supported employees. Key points of contention included the definition of supported employees, the terms of their employment, and the provisions regarding wages, hours of work, and other conditions. The court had to scrutinise these elements to ensure they met the standards set by the Fair Work Act and did not unfairly disadvantage the employees.

In delivering its decision, the court examined the provisions of the proposed agreement in detail. It found that the agreement adequately defined supported employees and provided clear terms of employment, ensuring that these employees were not subject to any unfair treatment. The court also noted that the agreement contained provisions that were compliant with the minimum entitlements set by the Fair Work Act, including adequate wage rates and reasonable working hours. Consequently, the court approved the agreement, determining that it met the legislative standards and appropriately balanced the interests of both the employer and the supported employees.

The final orders of the court were to approve the Valley Industries Ltd (Supported Employees) Workplace Agreement 2014, subject to the terms and conditions set forth in the agreement. The approval was contingent on the continued compliance with the Fair Work Act and the ongoing protection of the supported employees' rights and entitlements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established