Yarra Valley Excavations (VIC) Pty Ltd Summary

[2017] FWCA 4616

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Yarra Valley Excavations (VIC) Pty Ltd

(AG2017/1875)

Yarra Valley Excavations (VIC) Pty Ltd Enterprise Agreement 2017-2020

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 5 SEPTEMBER 2017

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

An application has been made for approval of an enterprise agreement known as the Yarra Valley Excavations (VIC) Pty Ltd 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 (VIC) Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

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

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant Yarra Valley Excavations (VIC) Pty Ltd applied for the approval of the Enterprise Agreement 2017-2020. The application was made under the Fair Work Act 2009, and the Commission had to determine whether the agreement met the requirements for being a "contemporary award." The dispute centred on the terms and conditions of employment for workers covered by the proposed agreement, and the fairness of those terms in light of broader labour market conditions and industrial standards.

The primary legal issue before the Commission was whether the agreement contained all the terms and conditions of employment required by the Fair Work Act and whether those terms were fair and reasonable. The Commission examined the specific provisions of the agreement, including wages, working hours, leave entitlements, and dispute resolution mechanisms. The Commission also had to consider whether the agreement was appropriately negotiated and whether it met the statutory requirement of being a "contemporary award."

The Fair Work Commission found that the agreement contained all necessary terms and conditions of employment and was appropriately negotiated. The Commission noted that the agreement's provisions were consistent with prevailing industrial standards and reflected the parties' bargaining positions. The Commission was satisfied that the agreement was fair and reasonable, taking into account the economic and labour market context. The application for approval was subsequently granted, and the agreement was registered as a contemporary award.

As a result of the decision, the Enterprise Agreement 2017-2020 for Yarra Valley Excavations (VIC) Pty Ltd was approved and registered as a contemporary award. This meant that the agreement would govern the terms and conditions of employment for the workers covered by it for the duration of the agreement, from 2017 to 2020. The decision provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the agreement.

Yarra Valley Excavations (VIC) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established