DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian YMCA Community Programming Pty Ltd
(AG2015/5419)

YMCA STAFF AGREEMENT 2015 - VICTORIAN YMCA COMMUNITY PROGRAMMING 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 Community Programming Pty Ltd.

[1] An application has been made for approval of an enterprise agreement known as the YMCA Staff Agreement 2015 - Victorian YMCA Community Programming 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 Community Programming 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 case of Victorian YMCA Community Programming Pty Ltd, the applicant sought approval of the YMCA Staff Agreement 2015 from the Fair Work Commission. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, which was intended to govern the relationship between the YMCA and its staff.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it facilitated improved efficiency, productivity, or flexibility in the workplace, and whether it provided a fair and equitable outcome for employees. The Commission had to consider if the agreement's provisions were consistent with the objectives of the Act and if it provided an appropriate balance between the interests of the employer and the employees.

The Commission found that the YMCA Staff Agreement 2015 was consistent with the objectives of the Fair Work Act 2009. It determined that the agreement provided for improved efficiency, productivity, and flexibility in the workplace by allowing for the adoption of innovative work practices. The agreement was deemed to provide a fair and equitable outcome for employees, as it maintained or improved upon existing conditions of employment and included mechanisms for dispute resolution. Therefore, the Commission approved the YMCA Staff Agreement 2015.

The Commission's decision was made on the basis of the evidence presented and the considerations outlined in the Fair Work Act 2009. The final orders granted approval of the YMCA Staff Agreement 2015, which will now govern the employment terms and conditions of YMCA staff in Victoria.

Victorian YMCA Community Programming 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