DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valmar Support Services Ltd T/A Valmar
(AG2016/1229)

VALMAR SUPPORT SERVICES LTD. ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 1 AUGUST 2016

Application for approval of the Valmar Support Services Ltd. Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Valmar Support Services Ltd. Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Valmar Support Services Ltd T/A Valmar. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Valmar Support Services Ltd, trading as Valmar, sought approval of its 2016 Enterprise Agreement through the Fair Work Commission. The application was contested by several unions who argued that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The unions contended that the agreement was not in the best interests of the employees and that it failed to adequately address certain issues, such as wage progression and redundancy provisions.

The central legal issues before the Commission involved whether the Enterprise Agreement met the statutory requirements for approval. These included whether the agreement was genuinely negotiated, whether it complied with the "better off overall test" (BOOT) and whether it contained the mandated minimum terms and conditions of employment. Additionally, the Commission had to consider the implications of the unions' objections and whether they had valid grounds to contest the agreement.

The Fair Work Commission carefully examined the terms of the Enterprise Agreement and the objections raised by the unions. The Commission found that the agreement was genuinely negotiated between the parties and that it contained all the mandated minimum terms and conditions. Regarding the BOOT, the Commission concluded that the agreement was in the best interests of the employees, considering factors such as the overall wages and conditions provided by the agreement compared to the applicable awards. After weighing the unions' objections, the Commission determined that they did not provide sufficient grounds to invalidate the agreement. Consequently, the application for approval was successful.

The Fair Work Commission approved the Valmar Support Services Ltd. Enterprise Agreement 2016, dismissing the objections raised by the unions. The Commission determined that the agreement was genuinely negotiated, met the statutory requirements, and passed the better off overall test. As such, the agreement was approved and registered under the Fair Work Act 2009.

Valmar Support Services Ltd T/A Valmar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established