DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Yheduun Gauur Pty Ltd T/A YG Demolitions Pty Ltd
(AG2019/2669)

YHEDUUN GAUUR (STRONG HEART) SINGLE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 14 OCTOBER 2019

Application for approval of the Yheduun Gauur (Strong Heart) Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Yheduun Gauur (Strong Heart) Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yheduun Gauur Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). The employer has provided an undertaking to address this and I am satisfied that per the undertaking, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Consultation term at Clause 36 of the Agreement does not include requirements for changes to regular roster or ordinary hours of work, as required by s.205(1A) of the Act. The model terms are taken to be a term of the Agreement.

[6] 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 undertakings are taken to be a term of the Agreement.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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Appendix A.

CaseChat Overview and Summary

Yheduun Gauur Pty Ltd, trading as YG Demolitions Pty Ltd, applied to the Fair Work Commission for approval of the Yheduun Gauur (Strong Heart) Single Enterprise Agreement 2019. The applicant, a company engaged in demolition and civil construction work, sought the approval of the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for registration and approval under the Act, including whether it provided for fair and reasonable terms and conditions of employment.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for registration. The Commission needed to determine if the agreement contained terms that were fair and reasonable, and if it had been made in accordance with the proper procedures, including whether the agreement had been the product of genuine bargaining between the parties.

The Commission found that the agreement met the statutory requirements for registration and approval. The applicant demonstrated that the agreement had been genuinely bargained for, as evidenced by the negotiations and discussions between the parties. The Commission concluded that the agreement contained terms that were fair and reasonable, taking into account the nature of the work, the industry, and the economic circumstances at the time. The agreement provided for a range of terms and conditions of employment, including wages, hours of work, leave provisions, and other benefits, which were considered to be fair and reasonable. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Yheduun Gauur (Strong Heart) Single Enterprise Agreement 2019, finding that it was a genuine agreement that provided for fair and reasonable terms and conditions of employment. The Commission determined that the agreement complied with the legal requirements for registration and approval under the Fair Work Act 2009. The agreement was registered on the date of the decision, and the parties were bound by its terms.

Yheduun Gauur Pty Ltd T/A YG Demolitions Pty Ltd

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established