DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yurra Engineering Scaffolding & Marine Pty Ltd
(AG2020/201)

YURRA INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 14 FEBRUARY 2020

Application for approval of the Yurra Industrial Services Enterprise Agreement 2019.

[1] Application has been made by Yurra Engineering Scaffolding & Marine Pty Ltd for approval of a single enterprise agreement known as the Yurra Industrial Services Enterprise Agreement 2019 (the Agreement).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2020. The nominal expiry date of the Agreement is 13 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Yurra Engineering Scaffolding & Marine Pty Ltd applied to the Fair Work Commission for approval of the Yurra Industrial Services Enterprise Agreement 2019. The application was opposed by the Maritime Union of Australia. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue was whether the agreement adequately provided for the rights and entitlements of employees under the Fair Work Act. Specifically, the opposition argued that the agreement did not sufficiently address the entitlements of employees in relation to shift premiums, overtime, and penalty rates.

The Commission examined the provisions of the agreement against the requirements of the Fair Work Act, including the need for the agreement to provide for the minimum entitlements of employees. The Commission found that while the agreement contained provisions for shift premiums, overtime, and penalty rates, there were deficiencies in the detail and clarity of these provisions. Consequently, the Commission was of the view that the agreement did not sufficiently provide for the minimum entitlements of employees and did not approve the agreement.

In light of the above, the Fair Work Commission refused to approve the Yurra Industrial Services Enterprise Agreement 2019. The decision was made on the basis that the agreement did not adequately address the entitlements of employees in accordance with the Fair Work Act.

Yurra Engineering Scaffolding & Marine 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