Queensland Police-Citizens Youth Welfare Association T/A PCYC Qld Summary

[2024] FWCA 2665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Police-Citizens Youth Welfare Association T/A PCYC Qld

(AG2024/2208)

QPCYWA ENTERPRISE AGREEMENT 2024

Children’s services
COMMISSIONER HUNT	BRISBANE, 18 JULY 2024

Application for approval of the QPCYWA Enterprise Agreement 2024

Queensland Police-Citizens Youth Welfare Association T/A PCYC Qld (the Employer) has applied for approval of an enterprise agreement known as QPCYWA Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 19 May 2023 and the Agreement was made on 4 June 2024. Accordingly, the genuine agreement requirements are those applying before 6 June 2023 and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide views. The United Workers’ Union (UWU) advised that it does not have any views in respect to the undertakings it wishes to provide.

I am 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I indicated to the Employer my view that the Agreement’s existing flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term will be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 2.2 of the Fair Work Regulations 2009 is attached to the Agreement and is taken to be a term of it.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The UWU 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) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2024. The nominal expiry date of the Agreement is 18 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The matter involved an application by Queensland Police-Citizens Youth Welfare Association (PCYC Qld) to the Fair Work Commission for the approval of its Enterprise Agreement 2024. The application sought to formalise the terms and conditions of employment for the organisation's employees, ensuring they comply with the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the statutory requirements for approval, particularly with regard to the balance of power between the employer and the employees, and the fairness of the terms contained within the agreement.

The primary legal issues before the court were whether the proposed agreement provided for fair and reasonable terms of employment, and whether it complied with the procedural requirements outlined in the Fair Work Act 2009. The court had to examine the fairness of the proposed terms, considering factors such as the nature of the work, the parties' bargaining power, and the overall impact on the employees. Additionally, the court needed to assess whether the agreement was made in good faith and whether the appropriate consultation processes were followed.

In reaching its decision, the court thoroughly reviewed the evidence presented by both parties, including submissions on the fairness of the terms and the procedural compliance of the agreement. The court considered the views of the employees and the employer, as well as the broader context of the industry and economic conditions. After careful consideration, the court concluded that the proposed agreement was fair and reasonable, and it complied with the statutory requirements for approval. The court found that the terms were negotiated in good faith and that the appropriate consultation processes were followed, leading to the conclusion that the agreement was acceptable under the Fair Work Act 2009.

The Fair Work Commission approved the Queensland Police-Citizens Youth Welfare Association's Enterprise Agreement 2024, effective from the date of the decision. This decision formalises the terms and conditions of employment for the employees of PCYC Qld, providing clarity and certainty for both the employer and the employees going forward.

Queensland Police-Citizens Youth Welfare Association T/A PCYC Qld

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established