Valtec Constructions Pty Ltd Summary

[2018] FWCA 5544

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Valtec Constructions Pty Ltd

(AG2018/1863)

Valtec Constructions Pty Ltd Enterprise Agreement 2018

Building, metal and civil construction industries
Deputy President Colman	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the Valtec Constructions Pty Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Valtec Constructions Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Valtec Constructions Pty Ltd. The agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The Agreement was approved on 4 September 2018 and, in accordance with s.54, will operate from 11 September 2018. The nominal expiry date of the Agreement is 3 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Valtec Constructions Pty Ltd applied for the Fair Work Commission to approve an enterprise agreement made with its employees. The dispute involved the terms of the proposed agreement, which the respondents argued were not fair and reasonable. The matter was heard in the Fair Work Commission, which has the authority to assess and approve enterprise agreements under Australian labour law.

The central legal issues the court needed to address were whether the terms of the enterprise agreement were fair and reasonable, and whether the agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was made in good faith and without coercion.

In assessing the agreement, the Fair Work Commission examined the process by which the agreement was made, the content of the agreement, and whether the terms were fair and reasonable. The court found that the agreement was made in good faith, without any coercion or unfair labour practices, and that the terms of the agreement were fair and reasonable. The commission concluded that the agreement met all the statutory requirements for approval and, therefore, granted the application for approval.

The Fair Work Commission approved the Valtec Constructions Pty Ltd Enterprise Agreement 2018, confirming its compliance with the necessary legal standards. The decision underscores the importance of ensuring that enterprise agreements are made in good faith and contain terms that are fair and reasonable for all parties involved. The approval of this agreement allows Valtec Constructions Pty Ltd and its employees to operate under the agreed terms, which will hopefully facilitate a harmonious workplace environment.

Valtec Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established