DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yescando Rockhampton Pty Ltd
(AG2016/5482)

YESCANDO ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Yescando Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Yescando Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yescando Rockhampton Pty Ltd. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2016. The nominal expiry date of the Agreement is 6 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Yescando Rockhampton Pty Ltd, the applicant sought approval for the Yescando Enterprise Agreement 2016 under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which is responsible for resolving disputes and making decisions regarding workplace relations in Australia. The primary dispute centred around whether the enterprise agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions for employees.

The legal issues before the Commission involved assessing whether the agreement complied with the Fair Work Act and its regulations, particularly focusing on the fairness and reasonableness of the terms and conditions outlined in the agreement. The Commission had to consider the bargaining power of the parties, the nature of the agreement, and whether it contained adequate provisions for the protection of employees' rights and interests. Additionally, the Commission needed to determine if the agreement was genuinely negotiated and if it provided a fair and efficient method of determining employees' terms and conditions.

The Fair Work Commission found that the Yescando Enterprise Agreement 2016 was fair and reasonable, and thus, approved the agreement. The Commission considered the evidence presented by the parties, including the bargaining process and the terms and conditions within the agreement. It was determined that the agreement was genuinely negotiated and contained provisions that were fair and reasonable in all respects. The Commission also noted that the agreement provided for adequate protections for employees, including minimum wage rates, penalty rates, leave entitlements, and other working conditions. Consequently, the application for approval was granted, and the Yescando Enterprise Agreement 2016 was approved as compliant with the Fair Work Act 2009.

Yescando Rockhampton 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