DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Valley Excavations Pty Ltd
(AG2017/1872)

YARRA VALLEY EXCAVATIONS ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2017

Application for approval of the Yarra Valley Excavations Pty Ltd Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Valley Excavations Enterprise Agreement 2017-2020 (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 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 12 September 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Yarra Valley Excavations Pty Ltd applied for approval of its Enterprise Agreement 2017-2020. The application was made under section 178 of the Fair Work Act 2009. The parties involved in the dispute were Yarra Valley Excavations Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute was whether the proposed enterprise agreement met the requirements of the Fair Work Act for approval.

The legal issues that the court had to decide included whether the agreement had been made in good faith and whether it contained the required minimum terms and conditions. Additionally, the court had to consider whether the agreement was procedurally fair and if the employees had been adequately consulted in its formation. The court also had to determine if the agreement provided for proper dispute resolution mechanisms.

The court found that the agreement had been made in good faith and contained the required minimum terms and conditions. The court was satisfied that the agreement was procedurally fair and that the employees had been adequately consulted. The court also found that the agreement provided for proper dispute resolution mechanisms. Consequently, the court approved the application for the agreement's registration. The court noted the importance of enterprise agreements in promoting harmonious workplace relations and ensuring that employees receive fair and reasonable terms and conditions of employment.

Yarra Valley Excavations 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