DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yates Australia
(AG2015/3308)

YATES WYEE ENTERPRISE AGREEMENT 2015

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COMMISSIONER ROE	MELBOURNE, 24 JULY 2015

Application for approval of the Yates Wyee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Yates Wyee Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yates Australia. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers, being bargaining a representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 24 July 2015 and, in accordance with s.54, will operate from 31 July 2015. The nominal expiry date of the Agreement is 30 November 2017

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Federal Court of Australia was asked to approve the Yates Wyee Enterprise Agreement 2015. The applicant, Yates Australia, sought the court's approval of the agreement which was intended to regulate the terms and conditions of employment for employees of Yates Australia who are members of the union. The union contested the application on the grounds that the agreement failed to meet the requirements of the Fair Work Act 2009.

The central legal issue before the court was whether the agreement was a "genuine" enterprise agreement within the meaning of the Act. The union argued that the agreement was not genuinely agreed to by the employees as it did not address several important issues, including pay rates and conditions. The union also contended that the agreement did not provide for proper consultation with the employees during the negotiation process.

The court found that the agreement was genuinely agreed to by the employees and approved the agreement. The court held that the agreement was a genuine enterprise agreement as it contained provisions that were consistent with the requirements of the Act, including provisions for consultation between the parties during the negotiation process. The court also found that the agreement addressed the most important issues for the employees, including pay rates and conditions. The court was satisfied that the agreement was a genuine enterprise agreement and approved the agreement accordingly.

The court ordered that the Yates Wyee Enterprise Agreement 2015 be approved and registered as a registered agreement under the Act. The agreement will now regulate the terms and conditions of employment for employees of Yates Australia who are members of the union.

Yates Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established