Valmet Pty Ltd
[2025] FWCA 74
•9 JANUARY 2025
| [2025] FWCA 74 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Valmet Pty Ltd
(AG2024/5041)
VALMET PTY LTD ROLL WORKSHOP ENTERPRISE AGREEMENT 2024 - 2027
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 9 JANUARY 2025 |
Application for approval of the Valmet Pty Ltd Roll Workshop Enterprise Agreement 2024 - 2027
Introduction
Valmet Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Valmet Pty Ltd Roll Workshop Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Agreement will apply to employees who are covered by the Manufacturing and Associated Industries and Occupations Award 2020 (the Award).
Annual Leave
Clause 21.3 of the Agreement provides for the entitlement to annual leave in days, rather than weeks, in accordance with s. 87 of the Act. This provision may be less advantageous for an employee taking a half-day of annual leave, particularly where the employee is ordinarily rostered to work more than 7.6 hours in a day (with the Agreement permitting up to 12 ordinary hours), but is constrained by clause 21.3.2, which limits the employee to taking no more than 7.6 hours of leave in any given day. The Employer provided an undertaking to address this issue.
New Start Weekly Rate
Clause 14.1.3 of the Agreement provides that a ‘new start weekly rate’ will apply to employees for the duration of their six-month probation period. It is unclear whether this refers to the employee’s initial classification on commencing employment or a separate rate for all new starters. No ‘new start weekly rate’ is provided in Appendix 1 of the Agreement and it is, therefore, unclear whether new start employees were better off under the agreement. The Employer provided an undertaking to address this issue.
Casual Minimum Engagement
Clause 31 of the Agreement provides a minimum engagement of one day for casual employees which appears more beneficial than the Award which provides a minimum of 4 hours, however, there is no definition of what constitutes one day. The Employer provided an undertaking to address this issue.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached Appendix 5. 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 AMWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2025. The nominal expiry date of the Agreement is 31 October 2027.
DEPUTY PRESIDENT
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