DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Police Citizens Youth Clubs NSW Ltd
(AG2015/6421)

PCYC ENTERPRISE AGREEMENT 2015-2018.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 6 NOVEMBER 2015

Application for approval of the PCYC Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the PCYC Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Police Citizens Youth Clubs NSW Ltd. The agreement is a single-enterprise agreement.

[2] The Australian Workers Union has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2015. The nominal expiry date of the Agreement is 31 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Police Citizens Youth Clubs NSW Limited, the applicant sought approval of an enterprise agreement for the period of 2015 to 2018. The application was heard in the Fair Work Commission, with the Registrar, Mr D.M. Whyman, presiding over the matter. The dispute centred around the provisions of the proposed agreement and whether they complied with the requirements of the Fair Work Act 2009.

The key legal issues before the Commission involved the interpretation and compliance of the proposed agreement with the Act. Specifically, the Commission had to determine if the agreement met the 'better off overall test', which requires that employees are not worse off financially under the new agreement compared to their existing conditions. Additionally, the Commission needed to ensure that the agreement complied with the 'no-disadvantage test', which mandates that the agreement does not disadvantage employees who are not party to the agreement.

After examining the submissions from both the applicant and the objectors, the Commission found that the proposed agreement met the statutory requirements. The Commission concluded that the agreement was fair and balanced, providing benefits to employees without disadvantaging non-party employees. The agreement was deemed to be compliant with the better off overall test and the no-disadvantage test. Consequently, the Commission approved the application and certified the enterprise agreement as meeting the necessary legislative standards.

As a result of the Commission's decision, the Police Citizens Youth Clubs NSW Limited Enterprise Agreement 2015-2018 was approved and certified by the Fair Work Commission. This outcome ensures that the terms and conditions of employment for the relevant employees are legally binding and provide a fair framework for the agreed period.

Police Citizens Youth Clubs NSW Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established