Y-Care (South East Queensland) Inc T/A YMCA Vocational School

[2018] FWCA 1022

[2018] FWCA 1022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Y-Care (South East Queensland) Inc T/A YMCA Vocational School
(AG2017/4996)

YMCA VOCATIONAL SCHOOLS ENTERPRISE AGREEMENT – 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the YMCA Vocational Schools Enterprise Agreement - 2017.

[1] An application has been made for approval of an enterprise agreement known as the YMCA Vocational Schools Enterprise Agreement – 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Y-Care (South East Queensland) Inc T/A YMCA Vocational School. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Independent Education Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 February 2018 and, in accordance with s.54, will operate from 23 February 2018. The nominal expiry date of the Agreement is 23 February 2021.

COMMISSIONER

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