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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CaseChat Overview and Summary

In the matter of Y-Care (South East Queensland) Inc trading as YMCA Vocational School, the applicant sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question, titled YMCA Vocational Schools Enterprise Agreement 2017, was to apply to employees of YMCA Vocational School, who are engaged in the provision of vocational education and training. The dispute arose over whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement contained all the necessary terms required by the Fair Work Act. Specifically, the applicant needed to demonstrate that the agreement included all the minimum terms stipulated by the Act and that it was made in good faith and without coercion. Furthermore, the Commission had to determine whether the agreement was fair and reasonable, taking into account the nature of the workplace and the parties involved.

The Fair Work Commission examined the provisions of the agreement to ascertain whether it included the mandated minimum terms and if the agreement had been made in good faith. The Commission considered the nature of the workplace and the bargaining positions of the parties, and assessed whether the terms of the agreement were fair and reasonable. After thorough deliberation, the Commission determined that the YMCA Vocational Schools Enterprise Agreement 2017 was compliant with the requirements of the Fair Work Act and was fair and reasonable. Consequently, the application for approval was successful.

The Fair Work Commission approved the YMCA Vocational Schools Enterprise Agreement 2017, effective from the date of the decision. The agreement was to apply to the relevant employees of YMCA Vocational School and would govern their employment conditions until superseded by a new agreement or a change in the law.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established