Valmet Pty Ltd

[2014] FWCA 4974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Valmet Pty Ltd
(AG2014/1797)

VALMET PTY LTD - B9, ORORA BOTANY ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 JULY 2014

Application for approval of the Valmet Pty Ltd - B9, Orora Botany Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Valmet Pty Ltd - B9, Orora Botany Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 31 July 2014. The nominal expiry date of the Agreement is 1 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valmet Pty Ltd applied to the Fair Work Commission for the approval of the Valmet Pty Ltd - B9, Orora Botany Enterprise Agreement 2013-2016. The application arose from negotiations between Valmet Pty Ltd and the Orora Unions. The Commission was required to determine if the agreement should be approved as a certified agreement under the Fair Work Act 2009.

The primary issue before the Commission was whether the agreement met the requirements for approval as a certified agreement. This involved assessing if the agreement was in the public interest, whether it provided for genuine collective bargaining, and if it was free from any improper conduct. The Commission also had to determine if the agreement provided for appropriate mechanisms for dispute resolution and if it adhered to the provisions of the Fair Work Act.

In reaching its decision, the Commission considered the evidence and submissions provided by both parties. The Commission found that the agreement was in the public interest, provided for genuine collective bargaining, and was free from any improper conduct. The agreement also included appropriate mechanisms for dispute resolution and adhered to the requirements of the Fair Work Act. The Commission approved the agreement as a certified agreement.

The Fair Work Commission approved the Valmet Pty Ltd - B9, Orora Botany Enterprise Agreement 2013-2016 as a certified agreement under the Fair Work Act 2009. The Commission found that the agreement met all the necessary requirements for approval, including being in the public interest, providing for genuine collective bargaining, and adhering to the provisions of the Act. The agreement was approved on the basis that it would provide for fair and effective workplace relations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established