DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valleyclad Pty Ltd
(AG2015/3841)

VALLEYCLAD PTY LTD OLYMPIC DAM ENTERPRISE AGREEMENT 2015

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 JULY 2015

Application for approval of the Valleyclad Pty Ltd Olympic Dam Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Valleyclad Pty Ltd Olympic Dam Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Valleyclad Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 13 July 2015 and, in accordance with s.54, will operate from 20 July 2015. The nominal expiry date of the Agreement is 23 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Valleyclad Pty Ltd sought approval of the Valleyclad Pty Ltd Olympic Dam Enterprise Agreement 2015 from the Fair Work Commission. The enterprise agreement aimed to govern the terms and conditions of employment for workers at the Olympic Dam mine, including matters such as wages, hours of work, leave, and dispute resolution. The application for approval was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on the process through which the enterprise agreement was negotiated and the representation of the workforce.

The central legal issues before the Commission were whether the enterprise agreement had been genuinely negotiated and whether the applicant had accurately represented the workforce. The CFMEU contended that the applicant had not genuinely negotiated the agreement and had not accurately represented the workforce, particularly in relation to the participation of employees in the negotiation process. The Commission needed to determine whether the process complied with the statutory requirements set out in the Fair Work Act 2009 and whether the agreement was fairly representative of the workforce.

The Fair Work Commission held that the enterprise agreement had been genuinely negotiated and accurately represented the workforce. The Commission found that the applicant had followed a proper process in negotiating the agreement and had adequately represented the workforce. The Commission noted that the agreement had been the result of a process involving genuine consultation and negotiation between the applicant and the employees, and that the participation of employees in the negotiation process was sufficient. The Commission concluded that the applicant had met the statutory requirements for genuine negotiation and accurate representation, and approved the enterprise agreement.

The Fair Work Commission approved the Valleyclad Pty Ltd Olympic Dam Enterprise Agreement 2015, finding that it had been genuinely negotiated and accurately represented the workforce. The Commission rejected the opposition to the application for approval and directed that the agreement be registered. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the workers at the Olympic Dam mine and that it was in the best interests of the workforce. The approval of the enterprise agreement ensures that the terms and conditions of employment for the workers at the Olympic Dam mine are governed by a fair and reasonable agreement.

Valleyclad Pty Ltd

DECISION

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