DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yalaglan People Pty Ltd
(AG2020/1509)

YALAGLAN PEOPLE NSW CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 10 JULY 2020

Application for approval of the Yalagan People NSW Civil Construction Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Yalaglan People NSW Civil Construction Enterprise Agreement 2020 (‘the Agreement’). The application was made by Yalaglan People Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Yalaglan People Pty Ltd was the subject of an application for approval of the Yalagan People NSW Civil Construction Enterprise Agreement 2020, which was heard by the Fair Work Commission. The applicant, Yalaglan People Pty Ltd, sought approval of the enterprise agreement to ensure it met the requirements set out in the Fair Work Act 2009. The agreement in question was intended to regulate the terms and conditions of employment for employees of Yalaglan People Pty Ltd within the NSW civil construction industry.

The primary legal issue before the Commission was whether the enterprise agreement fulfilled the statutory criteria for approval. This involved assessing if the agreement was free from any sham provisions, whether it had been negotiated in good faith, and if it contained the necessary safety net provisions. The Commission also had to consider if the agreement provided fair and appropriate benefits for employees and if it was consistent with the broader public interest.

In its decision, the Commission determined that the enterprise agreement satisfied all the statutory requirements for approval. The agreement was found to be free of sham provisions, negotiated in good faith, and it included the appropriate safety net provisions. The Commission noted that the agreement provided fair and appropriate benefits to employees and was consistent with the broader public interest. Consequently, the Commission approved the enterprise agreement, allowing it to take effect as intended.

The Fair Work Commission approved the Yalagan People NSW Civil Construction Enterprise Agreement 2020, determining it met all necessary statutory criteria. This approval ensures that the agreement can now be implemented to regulate the employment terms and conditions for the employees of Yalaglan People Pty Ltd in the NSW civil construction industry.

Yalaglan People 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