Yurra Pty Ltd

[2022] FWCA 2841

[2022] FWCA 2841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Yurra Pty Ltd

(AG2022/3249)

Yurra Onshore Enterprise Agreement 2022

Cleaning services
COMMISSIONER HUNT	BRISBANE, 22 AUGUST 2022

Application for approval of the Yurra Onshore Enterprise Agreement 2022

1. Yurra Pty Ltd (the Applicant) has applied for approval of an enterprise agreement known as the Yurra Onshore Enterprise Agreement 2022 (the Agreement). The Applicant and Yurra Engineering Scaffolding & Marine Pty Ltd have been identified as the two employers covered by the Agreement (the Employers). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. Rule 24(1) of the Fair Work Commission Rules 2013 states that if an application is made under section 185 of the Act for approval of an enterprise agreement that is not a greenfields agreement, each employer that is to be covered by the agreement must lodge a statutory declaration, in support of the application for approval, by an officer or authorised employee within 14 days after the agreement is made. Only one F17 was lodged. On account of the Employers being related entities, I am prepared to dispense with this Rule per Rule 6 of the Fair Work Commission Rules 2013.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employers, and as a result, the Employers have provided consolidated written undertakings. A copy of the undertakings is attached at Annexure A.  There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.  

1. 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.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. 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 each of the employers, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2022.  The nominal expiry date of the Agreement is 22 August 2026.

COMMISSIONER

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Annexure A – Undertakings