Australian Youth Climate Coalition Limited T/A Australian Youth Climate Coalition

[2022] FWCA 2743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Youth Climate Coalition Limited T/A Australian Youth Climate Coalition

(AG2022/2200)

Australian Youth Climate Coalition Enterprise Agreement 2022-2025

Social, community, home care and disability services
COMMISSIONER MATHESON	SYDNEY, 12 AUGUST 2022

Application for approval of the Australian Youth Climate Coalition Enterprise Agreement 2022-2025.

An application has been made for approval of an enterprise agreement known as the Australian Youth Climate Coalition Enterprise Agreement 2022-2025 (Agreement). The application was made by Australian Youth Climate Coalition Limited T/A Australian Youth Climate Coalition (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Australian Youth Climate Coalition Limited, trading as the Australian Youth Climate Coalition, which applied to the Fair Work Commission for the approval of its proposed Enterprise Agreement for the period 2022-2025. The nature of the dispute centred around whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, an independent statutory body with jurisdiction to resolve workplace disputes and approve enterprise agreements.

The legal issues before the Commission included whether the proposed agreement appropriately covered the bargaining unit, whether the agreement contained the necessary minimum terms and conditions, and whether it complied with the good faith bargaining provisions of the Act. The Commission needed to assess if the agreement met the standards for approval, particularly in terms of its fairness and the manner in which it was negotiated. The focus was on ensuring the agreement was not only legally compliant but also conducive to fostering a fair and productive workplace environment.

Upon reviewing the application and the proposed agreement, the Commission found that the Australian Youth Climate Coalition had met the statutory requirements for approval. The agreement was deemed to cover the appropriate bargaining unit and included all the necessary minimum terms and conditions. Additionally, the Commission was satisfied that the agreement was the product of good faith bargaining, as evidenced by the comprehensive documentation and the absence of any procedural flaws in the negotiation process. Consequently, the Commission approved the Enterprise Agreement, acknowledging its alignment with the legislative framework and its potential to support the fair treatment of employees within the organisation.

The Commission's decision was encapsulated in a formal approval of the Australian Youth Climate Coalition Enterprise Agreement 2022-2025, effective from the date of the decision. This approval signified the agreement's compliance with the Fair Work Act and its readiness for implementation within the organisation. The outcome provided clarity and certainty for the parties involved, allowing the agreement to take effect and govern the employment terms for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established