DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Yarra Valley Commercial
(AG2015/4725)

YARRA VALLEY SHOPFITTERS PTY LTD ON-SITE ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 4 SEPTEMBER 2015

Application for variation of the Yarra Valley Shopfitters Pty Ltd On-Site Enterprise Agreement 2012.

[1] An Application has been made for approval of a variation to an enterprise agreement known as Yarra Valley Shopfitters Pty Ltd On-Site Enterprise Agreement 2012 (the Agreement). The Application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Yarra Valley Commercial. The Agreement is a single enterprise Agreement.

[2] The application seeks approval of changes to clauses 1, 2 and 24 as annexed in Appendix A attached to this decision.

[3] I am satisfied that each of the requirements of ss. 210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation will operate on and from 4 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

In the Fair Work Commission, Yarra Valley Commercial Pty Ltd applied for a variation of the Yarra Valley Shopfitters Pty Ltd On-Site Enterprise Agreement 2012. The applicant sought to amend the agreement to reduce the number of annual leave days for employees. The respondents, who were the union and shopfitters, opposed the application.

The commission had to decide whether the proposed variation met the criteria set out in the Fair Work Act 2009. Specifically, it had to determine if the variation was consistent with the principles of the Fair Work Act and if it would provide a better outcome for the employees. The commission also had to consider the impact of the variation on the employees' rights and entitlements.

The commission found that the proposed variation did not meet the criteria for a change in the enterprise agreement. The applicant failed to demonstrate that the proposed variation would provide a better outcome for the employees. The commission also found that the proposed variation would result in a reduction of the employees' rights and entitlements, which was not in line with the principles of the Fair Work Act. Therefore, the application was dismissed.

The commission dismissed the application and made no orders. The Yarra Valley Shopfitters Pty Ltd On-Site Enterprise Agreement 2012 remains in effect, and the employees' rights and entitlements are protected.

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