Yarra Valley Excavations (VIC) Pty Ltd Summary

[2021] FWCA 7312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Valley Excavations (VIC) Pty Ltd
(AG2021/8635)

YARRA VALLEY EXCAVATIONS ENTERPRISE AGREEMENT 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 DECEMBER 2021

Application for approval of the Valley Excavations Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Valley Excavations Enterprise Agreement 2021-2024 (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] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2021. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Yarra Valley Excavations (VIC) Pty Ltd applied for approval of the Valley Excavations Enterprise Agreement 2021-2024, which it had negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The CFMMEU claimed that the proposed agreement did not adequately cover certain aspects of the employees' working conditions, including provisions related to penalty rates and shift loadings. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court had to determine whether the agreement was "better off overall" for the employees, and whether it complied with the various legal requirements for an enterprise agreement. The key issues included whether the agreement provided adequate protection for the employees' working conditions and whether it was free from any unlawful content. The court needed to assess the balance of the agreement in terms of its economic benefits and the fairness of its provisions.

The Fair Work Commission found that the proposed agreement was fair and met the statutory criteria for approval. The Commission determined that the agreement was likely to be better off overall for the employees, taking into account the economic benefits provided and the protection of the employees' working conditions. The Commission also found that the agreement complied with the legal requirements and did not contain any unlawful content. Therefore, the application for approval was successful.

The Fair Work Commission approved the Valley Excavations Enterprise Agreement 2021-2024, effective from the date of the decision. This decision confirmed the validity of the agreement and allowed it to be implemented between the parties. The Commission's ruling provided clarity on the legal framework for enterprise agreements and reinforced the importance of fair and balanced agreements in the workplace.

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