DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premier Youthworks Pty Limited T/A Premier Youthworks
(AG2016/3340)

PREMIER YOUTHWORKS PTY LIMITED RESIDENTIAL CARE WORKER AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	SYDNEY, 12 JULY 2016

Application for approval of the Premier Youthworks Pty Limited Residential Care Worker Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Premier Youthworks Pty Limited Residential Care Worker Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Premier Youthworks Pty Limited T/A Premier Youthworks. 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] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2016. The nominal expiry date of the Agreement is 11 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Premier Youthworks Pty Limited, trading as Premier Youthworks, sought approval of the Premier Youthworks Pty Limited Residential Care Worker Agreement 2016. The application was brought to the Fair Work Commission. The dispute centred around the terms and conditions of employment outlined in the agreement, specifically whether they complied with the relevant legislative requirements and standards.

The legal issues before the Commission involved assessing the agreement's compliance with the Fair Work Act 2009, including whether the terms and conditions were fair and reasonable. The Commission needed to determine if the agreement provided adequate protections for employees, including provisions for minimum wages, leave entitlements, and other employment standards. Furthermore, the Commission considered whether the agreement adequately balanced the interests of both employers and employees.

The Commission found that the agreement generally met the requirements of the Fair Work Act 2009. The terms and conditions were considered fair and reasonable, offering appropriate protections for employees. The Commission noted that the agreement included provisions for minimum wages, leave entitlements, and other employment standards consistent with the applicable laws. While there were minor issues identified, they did not significantly detract from the overall fairness of the agreement. Consequently, the Commission approved the agreement with some minor amendments to address the identified concerns.

Premier Youthworks Pty Limited T/A Premier Youthworks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established