DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Valley Excavations (VIC) Pty Ltd
(AG2020/3988)

YARRA VALLEY EXCAVATIONS (VIC) 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 (VIC) Pty Ltd Enterprise Agreement 2020-2021.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Valley Excavations (VIC) 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 (VIC) 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 (VIC) Pty Ltd, sought approval of its enterprise agreement from the Fair Work Commission. The agreement, which was to cover the period 2020-2021, was entered into between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, did not unfairly discriminate against any employee, and complied with the provisions of the Act.

The Commission noted that the agreement provided for fair wages and conditions, including a pay rise for employees, and addressed various employment matters such as leave entitlements, working hours, and dispute resolution mechanisms. The Commission also considered the process by which the agreement was negotiated, which included consultation with the union and the employees. In its assessment, the Commission found that the agreement was fair and reasonable, and that it met the statutory requirements for approval.

Accordingly, the Commission approved the enterprise agreement, finding that it was in the best interests of the employees, did not unfairly discriminate against any employee, and complied with the provisions of the Act. The Commission also noted that the agreement provided for a fair and effective means of resolving any disputes that may arise during the term of the agreement.

The final orders of the Commission were that the enterprise agreement be approved as a registered agreement under the Fair Work Act 2009, and that it be registered in the Fair Work Commission's register of registered agreements. The agreement came into effect on 1 July 2020 and will remain in force until 30 June 2021, unless terminated earlier in accordance with its provisions.

Yarra Valley Excavations (VIC) 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