DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Yurra Engineering Scaffolding & Marine Pty Ltd
(AG2020/1173)

YURRA INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 MAY 2020

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

[1] An application has been made for approval of a variation to the Yurra Industrial Services Enterprise Agreement 2019 (the Agreement). The application was made by Yurra Engineering Scaffolding & Marine Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 11 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Yurra Engineering Scaffolding & Marine Pty Ltd was involved in an application for the variation of the Yurra Industrial Services Enterprise Agreement 2019. The applicant sought to amend the agreement to accommodate changes in the business environment and employee conditions. The matter was heard in the Fair Work Commission, which has jurisdiction over industrial disputes and enterprise agreements.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009, specifically sections concerning the variation of enterprise agreements. The court had to determine whether the proposed changes were consistent with the statutory requirements and whether they were fair and reasonable in the context of the existing agreement. Additionally, the court examined the process followed in proposing the changes and whether there was adequate consultation with the employees and their representatives.

The court found that the proposed changes were consistent with the statutory requirements and did not contravene the Fair Work Act. The changes were deemed fair and reasonable, reflecting the current business needs and providing appropriate protections for the employees. The process of consultation was also found to be adequate, with the applicant having engaged in good faith with the employees' representatives. Consequently, the court granted the application for variation of the enterprise agreement.

The final orders included the approval of the varied enterprise agreement, effective from the date specified in the application. The new agreement incorporated the proposed changes, and the parties were directed to implement the changes in accordance with the terms of the agreement. The decision was binding on all parties involved, and the varied agreement became the governing document for the employment conditions of the relevant employees.

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