DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valmet Pty Ltd
(AG2015/6128)

VALMET PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 NOVEMBER 2015

Application for approval of the Valmet Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Valmet Pty Ltd Enterprise Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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 organisation.

[4] The Agreement was approved on 17 November 2015 and, in accordance with s.54, will operate from 24 November 2015. The nominal expiry date of the Agreement is 24 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valmet Pty Ltd recently had its Enterprise Agreement 2015 brought before the Fair Work Commission for approval. The applicant, Valmet Pty Ltd, sought approval of the agreement under the Fair Work Act 2009. The nature of the dispute was whether the agreement met the requirements for a valid enterprise agreement, specifically focusing on the procedural fairness and the agreement's compliance with the Fair Work Act's provisions.

The central legal issues before the court were whether the agreement had been genuinely negotiated between the employer and the employees and whether the agreement contained all the mandatory terms required by the Fair Work Act. Additionally, the court examined if the process leading to the agreement was conducted in a manner that was procedurally fair and transparent.

The Fair Work Commission found that the agreement had been genuinely negotiated and contained all the mandatory terms required by the Fair Work Act. The process leading to the agreement was deemed to be procedurally fair and transparent. The Commission approved the agreement, noting that it met the necessary legal standards and provided for the fair and efficient operation of the enterprise. The decision underscores the importance of ensuring that enterprise agreements are both substantively and procedurally compliant with the requirements 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