DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valmec Australia Pty Ltd
(AG2017/683)

VALMEC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Valmec Australia 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 T/As Valmec. 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 26 April 2017. The nominal expiry date of the Agreement is 18 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Valmec Australia Pty Ltd, represented by their employees, sought approval of the Valmec Australia Pty Ltd Enterprise Agreement 2017 from the Fair Work Commission. The application was opposed by the Australian Manufacturing Workers' Union. The central issue before the Commission was whether the agreement contained the necessary provisions to satisfy the requirements of the Fair Work Act 2009, particularly regarding the protection of employees' rights and conditions of employment. The dispute focused on whether the agreement adequately addressed matters such as pay rates, hours of work, and other employment conditions.

The Commission considered the statutory provisions outlined in the Fair Work Act 2009, which mandate that enterprise agreements must cover specific minimum terms and conditions of employment. These include minimum rates of pay, maximum ordinary hours of work, and provisions for annual leave and public holidays, among others. The Commission examined the contents of the Valmec Australia Pty Ltd Enterprise Agreement 2017 to determine if it met these criteria. The key legal issue was whether the agreement provided sufficient detail and protections for the employees, and if it aligned with the statutory minimum standards.

After reviewing the agreement, the Commission found that it comprehensively addressed the necessary terms and conditions, including minimum pay rates, maximum hours of work, and provisions for leave entitlements. The Commission was satisfied that the agreement provided adequate protection for the employees and adhered to the statutory requirements. Consequently, the Commission approved the Valmec Australia Pty Ltd Enterprise Agreement 2017, ruling that it met the legislative criteria for enterprise agreements under the Fair Work Act 2009.

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