DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scott Emery T/A Yarra Valley Commercial
(AG2021/4730)

YARRA VALLEY COMMERCIAL ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 7 MAY 2021

Application for approval of the Yarra Valley Commercial Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Valley Commercial Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scott Emery T/A Yarra Valley Commercial. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 14 May 2021. The nominal expiry date of the Agreement is 6 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Scott Emery, trading as Yarra Valley Commercial, and various employees represented by the Australian Manufacturing Workers Union. The dispute centred on the application for approval of the Yarra Valley Commercial Enterprise Agreement 2021. The applicants sought to have the agreement recognised as a lawful and effective enterprise agreement under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the procedural requirements for approval, specifically if the necessary consultation and bargaining processes were properly followed, and whether the agreement contained terms that were consistent with the provisions of the Act.

The Commission considered the evidence provided by both parties regarding the consultation and negotiation processes. It examined the manner in which the agreement was developed, including the timeliness and nature of the discussions between the employer and the union. The Commission also assessed the content of the agreement to ensure it complied with the Fair Work Act, particularly in relation to minimum entitlements and other mandatory terms. After reviewing the submissions and evidence, the Commission determined that the procedural requirements for approval were satisfied. The Commission found that the agreement was the product of genuine and meaningful consultation and bargaining. Additionally, the terms of the agreement were consistent with the provisions of the Act, providing for fair and reasonable terms for the employees.

Consequently, the Commission approved the Yarra Valley Commercial Enterprise Agreement 2021. The approval was granted on the basis that the agreement complied with the necessary procedural requirements and contained lawful and fair terms. The decision confirmed the agreement as a binding enterprise agreement between the employer and the employees represented by the union.

Scott Emery T/A Yarra Valley Commercial

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established