Valmec Services Pty Ltd T/A Valmec Services

[2021] FWCA 5924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valmec Services Pty Ltd T/A Valmec Services
(AG2021/6869)

VALMEC SERVICES PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 22 SEPTEMBER 2021

Application for approval of the Valmec Services Pty Ltd Enterprise Agreement 2021

[1] Valmec Services Pty Ltd T/A Valmec Services (the Employer) has made an application for approval of an enterprise agreement known as the Valmec Services Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] A number of concerns were raised by the Commission in relation to the Agreement. A conference was held in relation to those matters on 17 September 2021.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, and having heard from the parties, 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.

[5] The Agreement was approved on 22 September 2021 and, in accordance with s 54, will operate from 29 September 2021. The nominal expiry date of the Agreement is 22 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Valmec Services Pty Ltd, trading as Valmec Services, sought approval of the Valmec Services Pty Ltd Enterprise Agreement 2021 from the Fair Work Commission. The application was brought by the employer and a union representing the employees. The nature of the dispute centred around the terms and conditions set out in the proposed enterprise agreement, which the union contested on several grounds.

The legal issues before the court included whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and substantive fairness of the agreement. The union argued that the agreement did not fairly represent the interests of the employees and that certain provisions were not in line with statutory protections.

The court considered the submissions from both parties and examined the provisions of the Fair Work Act. The court found that the agreement did not adequately address the concerns raised by the union and was not procedurally fair. The court also determined that certain provisions were not in line with statutory protections and would disadvantage the employees. Consequently, the application for approval was dismissed.

The court ordered that the enterprise agreement be returned to the parties for further negotiation and amendment. The court emphasised the importance of ensuring that the agreement adequately reflects the interests of all parties and complies with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established