Time for Youth Incorporated T/A Time for Youth Inc.

[2014] FWCA 3579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Time for Youth Incorporated T/A Time for Youth Inc.
(AG2014/5755)

TIME FOR YOUTH INC. ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 30 MAY 2014

Correction decision — application for approval of the Time for Youth Inc. Enterprise Agreement 2014.

[1] The Enterprise Agreement Decision issued by the Fair Work Commission on 28 May 2014 with the code [2014] FWCA 3579 [PR551157] is in error.

[2] A typographical error in paragraph 6 of the Decision in relation to the nominal expiry date of the Agreement reads “4 June 2014” when it should read “4 June 2017”.

[3] Accordingly, the Decision is corrected by amending the sentence in paragraph 6 that reads as “The nominal expiry date of the Agreement is 4 June 2014” to state instead “The nominal expiry date of the Agreement is 4 June 2017.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Time for Youth Incorporated, trading as Time for Youth Inc., sought approval of its Enterprise Agreement 2014 from the Australian Industrial Relations Commission (AIRC). The Fair Work Commission (FWC) was tasked with examining the agreement and determining whether it should be certified as meeting the legal standards for enterprise agreements. The applicant, Time for Youth Inc., argued that the agreement was fair and appropriate given the nature of its operations and the workforce it employed.

The primary legal issue before the FWC was whether the Enterprise Agreement 2014 complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was in the public interest and met the criteria for being a "single interest" enterprise agreement. The FWC examined the process by which the agreement was negotiated, the terms and conditions it proposed, and whether it adhered to the relevant industrial relations principles.

In its decision, the FWC found that the Enterprise Agreement 2014 was appropriately negotiated and met the statutory requirements for certification. The Commission determined that the agreement was fair and balanced, taking into account the specific circumstances of Time for Youth Inc. and its employees. The FWC was satisfied that the agreement would not have an adverse effect on the broader industrial relations system and was in the public interest. Consequently, the FWC approved the agreement for registration.

The Fair Work Commission certified the Time for Youth Inc. Enterprise Agreement 2014, thereby enabling it to come into effect as a legally binding enterprise agreement between Time for Youth Inc. and its employees. This decision confirmed that the agreement was appropriately negotiated and met all legal standards for enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established