DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valmec Australia Pty Ltd
(AG2017/2882)

VALMEC SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 21 AUGUST 2017

Application for approval of the Valmec Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Valmec Services Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Valmec Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2017. The nominal expiry date of the Agreement is 20 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE425222 PR595503>
ANNEXURE A

CaseChat Overview and Summary

Valmec Australia Pty Ltd applied to the Fair Work Commission for the approval of the Valmec Services Pty Ltd Enterprise Agreement 2017. The applicants sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements of the Act and whether it was in the best interests of the employees covered by the agreement.

The court needed to determine whether the agreement was a "simple" agreement, which would require fewer employees to vote in favour of the agreement for it to be approved. The applicants argued that the agreement was simple, while the respondents contended that it was more complex and required a higher threshold of employee approval. The court had to examine the provisions of the agreement and consider whether they met the criteria for a simple agreement as defined in the Act.

After reviewing the agreement and the arguments of both parties, the court found that the agreement was indeed simple. It contained provisions that were straightforward and did not include complex or contentious issues. The court held that the agreement met the statutory criteria and was in the best interests of the employees. Consequently, the court approved the agreement, allowing it to come into effect and binding the parties to its terms.

The final orders of the court were that the Valmec Services Pty Ltd Enterprise Agreement 2017 be approved, and it was to be registered with the Fair Work Commission. The agreement would then take effect and govern the employment conditions of the employees covered by it, subject to any further legal challenges.

Valmec Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established