DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Youth Climate Coalition Limited T/A Australian Youth Climate Coalition
(AG2019/2024)

AUSTRALIAN YOUTH CLIMATE COALITION ENTERPRISE AGREEMENT 2019

Clerical industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 AUGUST 2019

Application for approval of the Australian Youth Climate Coalition Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Youth Climate Coalition Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Youth Climate Coalition Limited T/A Australian Youth Climate Coalition. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement lodged contained an error at Clauses 1.1 and 2. On 2 August 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement was approved on 2 August 2019 and, in accordance with s.54, will operate from 19 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Youth Climate Coalition Limited, trading as the Australian Youth Climate Coalition, applied for approval of the Australian Youth Climate Coalition Enterprise Agreement 2019. The application was before the Fair Work Commission. The dispute centred on the terms and conditions of employment for the employees covered by the agreement, particularly those relating to pay rates, working hours, and leave entitlements. The Coalition argued that the agreement represented a fair and reasonable outcome for its employees, while some dissenting employees contended that certain provisions did not adequately protect their rights and interests.

The legal issues the court had to decide included whether the agreement provided for a fair and reasonable outcome for the employees, in accordance with the criteria set out in section 233 of the Fair Work Act 2009. This required the court to consider the balance of the agreement's provisions, the nature of the bargaining process, and whether any provisions were unfair or unreasonable. Another key issue was whether the agreement was consistent with relevant industrial instruments, such as awards and other agreements that may apply to the employees.

The Fair Work Commission, after considering the evidence and arguments presented by both parties, found that the agreement was fair and reasonable. The Commission was satisfied that the Coalition had conducted genuine and meaningful bargaining with the employees and that the agreement reflected a fair balance of the parties' interests. The Commission also found that the agreement's provisions were consistent with relevant industrial instruments and did not contain any unfair or unreasonable terms. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Australian Youth Climate Coalition Enterprise Agreement 2019, recognising it as a fair and reasonable outcome for the employees. The Commission's decision highlights the importance of genuine and meaningful bargaining in the development of enterprise agreements and the need for such agreements to strike a fair balance between the interests of employers and employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established