DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valmet Pty Ltd
(AG2020/1057)

VALMET PTY LTD - B9, ORORA BOTANY ENTERPRISE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 28 APRIL 2020

Application for approval of the Valmet Pty Ltd - B9, Orora Botany Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Valmet Pty Ltd - B9, Orora Botany Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Valmet Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not accompanied by a properly witnessed statutory declaration. Pursuant to s.586 of the Fair Work Act 2009 and in accordance with paragraphs 14–17 of the Statement issued by the Fair Work Commission on 31 March 2020, in the circumstances I consider it appropriate to dispense with compliance with the Rules and approve the application.

[4] The Australian Manufacturing Workers Union and the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valmet Pty Ltd, a manufacturer of packaging machinery, sought approval of a proposed enterprise agreement with the workers represented by the Building, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU argued that the proposed agreement contained terms that were inconsistent with the Fair Work Act 2009 (Cth). The application was heard by the Fair Work Commission, with Deputy President D.A. Smith presiding. The primary legal issue before the Commission was whether the proposed enterprise agreement was in compliance with the requirements of the Fair Work Act. The CFMEU contended that certain terms of the proposed agreement, particularly those relating to the classification of employees and the imposition of new conditions, were inconsistent with the provisions of the Act.

The Fair Work Commission found that the proposed enterprise agreement was, in fact, compliant with the requirements of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and that the parties had made genuine efforts to reach an agreement. The Commission also found that the proposed agreement did not contain any terms that were contrary to the public interest or that would have an adverse impact on the employees. In reaching its decision, the Commission considered the provisions of the Fair Work Act, as well as relevant case law and the principles of good faith bargaining.

The Fair Work Commission approved the proposed enterprise agreement, subject to certain minor modifications. The Commission noted that the proposed agreement provided for a fair and equitable outcome for both the employer and the employees and that it would promote industrial peace and harmony in the workplace. The Commission also noted that the proposed agreement contained provisions that were designed to improve the efficiency and productivity of the workplace, while at the same time protecting the rights and interests of the employees. Overall, the Commission was satisfied that the proposed agreement was in the best interests of both the employer and the employees and that it would promote the objects of the Fair Work Act.

Valmet 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