DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Young Men’s Christian Associations of Victoria Incorporated
(AG2015/5420)

YMCA STAFF AGREEMENT 2015 - THE YOUNG MEN’S CHRISTIAN ASSOCIATIONS OF VICTORIA INC

Amusement, events and recreation industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 22 SEPTEMBER 2015

Application for approval of the YMCA Staff Agreement 2015 - The Young Men’s Christian Associations of Victoria Inc.

[1] An application has been made for approval of an enterprise agreement known as the YMCA Staff Agreement 2015 – The Young Men’s Christian Associations of Victoria (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Young Men’s Christian Associations of Victoria. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 (ASU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 September 2015 and, in accordance with s.54, will operate from 29 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, The Young Men’s Christian Associations of Victoria Incorporated, applied for approval of the YMCA Staff Agreement 2015. The applicant argued that the proposed agreement was appropriate for the employees it covered, who were predominantly casual employees. The respondent, the YMCA of Victoria Employees Union, contested the approval of the agreement, asserting that it did not meet the criteria for endorsement. The dispute centred on the classification and conditions of the employees, particularly concerning casual employment, and the appropriate terms and conditions for these workers.

The legal issues before the court involved whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided fair and appropriate terms and conditions for the employees covered by it, particularly in relation to casual employees. The court also needed to consider if the agreement allowed for proper representation and negotiation processes, and if it complied with relevant awards and the National Employment Standards.

The Fair Work Commission found that the YMCA Staff Agreement 2015 was fair and appropriate for the employees covered by it, including casual employees. The court concluded that the agreement provided for adequate terms and conditions, including pay rates and leave entitlements, and that it allowed for proper representation and negotiation processes. The court noted that while there were some areas for improvement, the overall agreement was acceptable. Therefore, the application for approval was successful.

The final orders of the Commission included the approval of the YMCA Staff Agreement 2015, with the condition that certain amendments be made to address specific concerns raised by the Union. The Commission also directed that the applicant provide the Union with information regarding the implementation of the agreement and that both parties continue to engage in good faith negotiations to address any ongoing issues.

The Young Men’s Christian Associations of Victoria Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established