Yarra Valley Excavation Pty Ltd

[2013] FWCA 4738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Valley Excavation Pty Ltd
(AG2013/6931)

YARRA VALLEY EXCAVATIONS ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 16 JULY 2013

Application for approval of the Yarra Valley Excavations Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Valley Excavations Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yarra Valley Excavations Pty Ltd (the Applicant). 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 was approved on 16 July 2013 and, in accordance with s.54, will operate from 23 July 2013. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Yarra Valley Excavation Pty Ltd for approval of the Yarra Valley Excavations Enterprise Agreement 2013-2016. The dispute centred around the terms and conditions of the enterprise agreement, which was to apply to the employees of Yarra Valley Excavation. The company sought the approval of the agreement to ensure its enforceability under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, met the statutory requirements for coverage, and did not unfairly discriminate against any employee. Additionally, the Commission had to consider whether the agreement contained all the mandated minimum terms and conditions as per the Fair Work Act.

The Fair Work Commission determined that the enterprise agreement was genuinely negotiated and covered the appropriate employees. The Commission found that the agreement complied with the statutory requirements and did not unfairly discriminate against any group of employees. The agreement was also found to include all the mandated minimum terms and conditions, thus meeting the requirements of the Fair Work Act. The Commission approved the enterprise agreement, allowing it to take effect as per its terms.

The Fair Work Commission’s decision was that the Yarra Valley Excavations Enterprise Agreement 2013-2016 was approved and enforceable. The Commission highlighted the importance of genuine negotiation and compliance with statutory requirements for the approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established