DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centre for Multicultural Youth (CMY)
(AG2015/973)

CENTRE FOR MULTICULTURAL YOUTH ENTERPRISE BARGAINING AGREEMENT 2015

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 12 MAY 2015

Application for approval of the Centre for Multicultural Youth Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Centre for Multicultural Youth Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Centre for Multicultural Youth (CMY). The agreement is a single enterprise agreement.

[2] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 19 May 2015. The nominal expiry date of the Agreement is 10 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Centre for Multicultural Youth, the applicant, the Fair Work Commission was tasked with determining the approval of the Centre for Multicultural Youth Enterprise Bargaining Agreement 2015. This decision arose from an application submitted by the Centre for Multicultural Youth, an organisation dedicated to youth services, seeking approval for the aforementioned agreement. The applicant argued that the agreement was in the best interests of its employees and would provide for fair and reasonable terms and conditions of employment.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to assess the fairness and reasonableness of the agreement, taking into account the nature of the workplace, the needs of the employees, and the broader economic context. Additionally, the Commission needed to ensure that the agreement complied with the minimum entitlements set out in the National Employment Standards and other relevant awards and agreements.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the Centre for Multicultural Youth Enterprise Bargaining Agreement 2015 was fair and reasonable. The Commission concluded that the agreement provided for appropriate terms and conditions of employment, taking into account the specific needs of the organisation and its employees. The agreement was found to comply with the relevant provisions of the Fair Work Act 2009, including the minimum entitlements set out in the National Employment Standards. As such, the Commission approved the agreement, recognising its benefits for both the organisation and its employees.

As a result of this decision, the Centre for Multicultural Youth Enterprise Bargaining Agreement 2015 was approved and registered by the Fair Work Commission. This outcome provides certainty and stability for the organisation and its employees, ensuring that they are provided with fair and reasonable terms and conditions of employment. The decision also contributes to the broader objective of promoting fair and productive workplace relations in Australia.

Centre for Multicultural Youth (CMY)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established