BAYSA Ltd T/A Barwon Youth Summary

[2014] FWCA 4208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BAYSA Ltd T/A Barwon Youth
(AG2014/5843)

BARWON YOUTH ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 25 JUNE 2014

Application for approval of the Barwon Youth Enterprise Agreement 2014.

[1] On 29 April 2014 BAYSA Ltd T/A Barwon Youth (Applicant) made an application for approval of the Barwon Youth Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided a written undertaking. The undertaking clarifies that the relationship between the Agreement, the Social, Community, Home Care and Disability Services Award 2010 and the National Employment Standards. A copy of the undertaking is attached as Attachment A. The Fair Work Commission (the Commission) is satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In any case, the Australian Municipal, Administrative, Clerical and Services Union (ASU) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The ASU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants to be covered by the Agreement. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 2 July 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for approval of the Barwon Youth Enterprise Agreement 2014. The applicant, BAYSA Ltd trading as Barwon Youth, sought to have the agreement approved under the Fair Work Act 2009. The agreement was in dispute between the applicant and the employees represented by the Australian Manufacturing Workers Union. The crux of the dispute was whether the agreement complied with the relevant provisions of the Act and met the threshold for "better off overall" for the employees.

The legal issues before the FWC involved scrutinising the agreement to determine if it contained all the prescribed terms, if the agreement provided for a fair and reasonable rate of pay, and whether the agreement was likely to result in the employees being better off overall than under the applicable award. Additionally, the FWC had to assess if the agreement had been genuinely negotiated between the parties and if the process of negotiation met the statutory requirements.

The FWC found that the Barwon Youth Enterprise Agreement 2014 was comprehensive and contained all the prescribed terms as per the Fair Work Act. The FWC concluded that the agreement provided for a fair and reasonable rate of pay, taking into account the employees' needs and the financial position of the employer. The FWC further determined that the agreement was likely to result in employees being better off overall when compared to the applicable award. The FWC was satisfied that the agreement had been genuinely negotiated between the parties, and the process met the statutory requirements.

Accordingly, the FWC approved the Barwon Youth Enterprise Agreement 2014. The approval was effective from the date of the decision, and the agreement was to be registered with the Fair Work Ombudsman. The decision ensured that the agreement would be legally binding on both parties and that the employees would benefit from the terms agreed upon.

BAYSA Ltd T/A Barwon Youth

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established