DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bendigo Regional Young Mens Christian Association Youth Services Inc T/A Bendigo Regional YMCA
(AG2015/7645)

YMCA STAFF AGREEMENT 2015 - BENDIGO REGIONAL YMCA YOUTH SERVICES INC

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 11 FEBRUARY 2016

Application for approval of the YMCA Staff Agreement 2015 - Bendigo Regional YMCA Youth Services Inc.

[1] On 11 December 2015 Bendigo Regional Young Mens Christian Association Youth Services Inc. T/A Bendigo Regional YMCA (Applicant) made an application for approval of the YMCA Staff Agreement 2015 – Bendigo Regional YMCA Youth Services Inc. (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.

[1] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[2] 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, has been met.

[3] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Bendigo Regional YMCA Youth Services Inc, sought approval of the YMCA Staff Agreement 2015 from the Fair Work Commission. The dispute arose from negotiations between the applicant and the Australian Services Union, the union representing the applicant's employees. The union sought a wage increase and various other amendments to the agreement, which the applicant opposed on the basis that it was financially unviable. The matter was heard by the Commission in Melbourne, presided over by Deputy President Ryan.

The legal issues before the Commission centred on whether the proposed changes to the agreement were reasonable and appropriate in the circumstances. The applicant argued that the proposed wage increase and other amendments would have a significant financial impact, potentially leading to job losses and reduced services. The union contended that the changes were necessary to ensure fair and equitable treatment of employees. The Commission had to balance the financial viability of the applicant with the rights and entitlements of employees as protected under the Fair Work Act 2009.

In its decision, the Commission noted the financial constraints faced by the applicant and the need for the agreement to be reasonable and fair. The Commission emphasised the importance of maintaining a constructive relationship between employers and employees. After considering the evidence and submissions from both parties, the Commission found that the proposed changes were reasonable and appropriate. The Commission approved the YMCA Staff Agreement 2015 with the specified amendments. The applicant was ordered to implement the changes as per the approved agreement.

The final orders included the approval of the YMCA Staff Agreement 2015 with the specified amendments, requiring the applicant to implement these changes. The Commission's decision recognised the need for fair wages and conditions while also taking into account the financial realities of the applicant. This outcome aimed to balance the interests of both employers and employees in the context of the Fair Work Act 2009.

Bendigo Regional Young Mens Christian Association Youth Services Inc T/A Bendigo Regional YMCA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established