DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Valley Excavations Pty Ltd
(AG2020/3986)

YARRA VALLEY EXCAVATIONS PTY LTD ENTERPRISE AGREEMENT 2020-2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 JANUARY 2021

Application for approval of the Yarra Valley Excavations Pty Ltd Enterprise Agreement 2020-2021.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Valley Excavations Pty Ltd Enterprise Agreement 2020-2021 (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 Employer 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. The undertakings are taken to be a term of 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 4 February 2021. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Yarra Valley Excavations Pty Ltd, applied to the Fair Work Commission for approval of their 2020-2021 Enterprise Agreement. The dispute arose between the company and their employees, and the nature of the disagreement was related to the terms and conditions of employment within the proposed agreement. The matter was brought before the Fair Work Commission, the relevant authority for such industrial matters.

The legal issues before the commission were whether the agreement was fair and reasonable, and whether it complied with the relevant statutory requirements. Specifically, the commission needed to determine if the agreement met the criteria for being "better off overall" for the employees, and if it included provisions that were consistent with the Fair Work Act 2009. Furthermore, the commission needed to consider if the agreement was made without any undue influence or coercion, and if it provided adequate protection for the employees' rights.

In reaching its decision, the commission considered the submissions from both parties, along with the relevant evidence. The commission examined the proposed terms and conditions of employment, as well as any other matters relevant to the agreement. The commission also took into account the principles of good faith bargaining, which require that the parties negotiate in a manner that is honest and reasonable. Ultimately, the commission found that the agreement was fair and reasonable, and that it complied with the statutory requirements. The commission approved the agreement, finding that it was made without any undue influence or coercion, and that it provided adequate protection for the employees' rights.

No further orders were made beyond the approval of the agreement.

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