DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian YMCA Accommodation Services PTY LTD
(AG2015/5410)

YMCA STAFF AGREEMENT 2015 - VICTORIAN YMCA ACCOMMODATION SERVICES PTY LTD

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

Application for approval of the YMCA Staff Agreement 2015 - Victorian YMCA Accommodation Services Pty Ltd.

[1] An application has been made for approval of an enterprise agreement known as the YMCA Staff Agreement 2015 - Victorian YMCA Accommodation Services Pty Ltd (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian YMCA Accommodation Services Pty Ltd. 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Victorian YMCA Accommodation Services Pty Ltd, applied for approval of the YMCA Staff Agreement 2015. The applicant sought to establish a framework governing the terms and conditions of employment for its staff. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the YMCA Staff Agreement 2015 was a simple, single-employer, single-enterprise agreement that addressed the essential terms of employment. The applicant needed to demonstrate that the agreement was not unfair to employees and complied with the statutory requirements for simplicity and transparency. The Commission also considered whether the agreement provided appropriate protections for employees and aligned with the principles of the National Workplace Relations System.

In its decision, the Commission assessed the agreement against the statutory criteria and found that it met the necessary requirements. The agreement was deemed to be simple, single-employer, and single-enterprise, covering essential terms of employment. The Commission concluded that the agreement provided fair protections for employees and complied with the principles of the National Workplace Relations System. Therefore, the Commission approved the YMCA Staff Agreement 2015.

The Commission approved the YMCA Staff Agreement 2015, effective from 1 January 2016. The applicant was required to provide the agreement to all relevant employees and ensure its implementation. The approval was contingent upon the applicant's compliance with the terms of the agreement and the ongoing obligations under the Fair Work Act 2009.

Victorian YMCA Accommodation Services PTY LTD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established