Yve Group Pty Ltd T/A 007 191 111 Summary

[2025] FWCA 122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Yve Group Pty Ltd T/A 007 191 111

(AG2024/5127)

YARRA VALLEY EXCAVATIONS ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 14 JANUARY 2025

Application for approval of the Yarra Valley Excavations Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Yarra Valley Excavations Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yve Group Pty Ltd T/A 007 191 111. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Yve Group Pty Ltd, trading as 007 191 111, which sought approval for the Yarra Valley Excavations Enterprise Agreement 2024-2027. The Fair Work Commission was the forum for this application. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether it complied with the relevant legislative framework governing enterprise agreements in Australia.

The primary legal issues before the Commission were whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly concerning the procedural fairness and the substantive provisions of the agreement. The Commission needed to determine if the agreement was certified as "no disadvantage" and if the necessary procedural steps were followed correctly in its development and presentation. This included verifying that appropriate bargaining had occurred and that the agreement did not unfairly disadvantage any party.

The Commission assessed the evidence provided, including the bargaining process, the content of the agreement, and the views of the parties involved. It concluded that the proposed enterprise agreement did meet the legislative criteria. The Commission found that the agreement was fair and reasonable, and it did not disadvantage any party. It was certified as "no disadvantage," and the procedural steps were properly followed. Therefore, the Commission approved the application for the Yarra Valley Excavations Enterprise Agreement 2024-2027.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision also mandated that the parties adhere to the terms of the agreement and resolve any future disputes in accordance with the provisions outlined within the agreement and the Fair Work Act 2009.

Yve Group Pty Ltd T/A 007 191 111

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established