DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mr Robert Davidson
(AG2017/6264)

YMCA CANBERRA ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 28 MAY 2018

Application for approval of the YMCA Canberra Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the YMCA Canberra Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mr Robert Davidson on behalf of The Young Men’s Christian Association of Canberra Incorporated T/A YMCA Canberra. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. 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.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] United Voice 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mr Robert Davidson sought approval of the YMCA Canberra Enterprise Agreement 2017 from the Fair Work Commission. The applicant, the YMCA Canberra, argued that the agreement met the necessary requirements under the Fair Work Act 2009. The dispute centred on whether the agreement was a "good faith" agreement and if it met the procedural requirements for approval.

The central legal issues revolved around whether the agreement was genuinely a product of good faith bargaining, as required by section 231 of the Fair Work Act 2009, and if the procedural steps taken by the YMCA were sufficient. The court had to determine if the YMCA had followed the appropriate process in reaching the agreement and if the agreement itself contained the necessary provisions to ensure it was made in good faith.

In examining these issues, the Fair Work Commission considered the evidence presented by both parties. The Commission found that the YMCA had acted in good faith and followed the required procedures. It was established that the YMCA had made a genuine effort to negotiate with the employee representatives and had engaged in meaningful discussions. The Commission also noted that the agreement contained all the necessary provisions to ensure it was made in good faith. Consequently, the Commission approved the YMCA Canberra Enterprise Agreement 2017.

The Fair Work Commission's decision was that the YMCA Canberra Enterprise Agreement 2017 met the statutory requirements for approval. The Commission found that the agreement was genuinely a product of good faith bargaining and that the YMCA had followed the necessary procedures. The court ordered that the agreement be approved and registered under the Fair Work Act 2009.

Mr Robert Davidson

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established