DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scott Emery T/A Yarra Valley Commercial
(AG2017/4211)

SCOTT EMERY T/A YARRA VALLEY COMMERCIAL ON-SITE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 JANUARY 2018

Application for approval of the Scott Emery t/a Yarra Valley Commercial On-Site Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Scott Emery t/a Yarra Valley Commercial On-Site Enterprise Agreement 2017 (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 Applicant 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2018. The nominal expiry date of the Agreement is 7 January 2020.

DEPUTY PRESIDENT

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 the respondent, a group of employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the approval of the Scott Emery t/a Yarra Valley Commercial On-Site Enterprise Agreement 2017, which was proposed by the employer. The employees argued that the agreement did not adequately represent their interests and did not comply with certain statutory provisions. The matter was heard in the Fair Work Commission, the industrial relations tribunal responsible for resolving disputes of this nature.

The central legal issues the Commission had to address included whether the proposed agreement fairly represented the employees' interests and whether it complied with the relevant statutory requirements under the Fair Work Act 2009. The Commission had to consider the provisions of the agreement, the process by which it was developed, and whether it met the standards for good faith bargaining and fairness as mandated by the Act. Additionally, the Commission examined whether the agreement contained terms and conditions of employment that were no less favourable than the applicable award or registered agreement.

After considering the arguments and evidence presented by both parties, the Commission found that the proposed enterprise agreement was fair and met the statutory requirements for approval. The Commission noted that the agreement had been developed through a genuine process of good faith bargaining and that it provided terms and conditions that were at least as favourable as those in the applicable award. The Commission was satisfied that the agreement adequately represented the employees' interests and that it complied with all necessary legal standards. Consequently, the Commission approved the Scott Emery t/a Yarra Valley Commercial On-Site Enterprise Agreement 2017.

The Commission's decision was based on a detailed analysis of the agreement's terms and the process by which it was negotiated. The Commission emphasised that the agreement was the result of effective bargaining between the parties and that it provided a fair and balanced outcome for both employers and employees. The approval of the agreement marked a significant step forward in the industrial relations framework between Scott Emery t/a Yarra Valley Commercial and the represented employees, ensuring that the terms of employment were legally sound and fair.

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