Y-Care (South East Queensland) T/A Y Schools Queensland

[2025] FWCA 336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Y-Care (South East Queensland) T/A Y Schools Queensland

(AG2024/4911)

Y SCHOOLS QUEENSLAND ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER DURHAM	BRISBANE, 29 JANUARY 2025

Application for approval of the Y Schools Queensland Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Y Schools Queensland Enterprise Agreement 2024 (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) T/A Y Schools Queensland (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Educational Services (Teachers) Award 2020 and Educational Services (Schools) General Staff Award 2020 is taken to be a term of the Agreement.

Noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia - Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Y-Care (South East Queensland) trading as Y Schools Queensland, sought approval for the Y Schools Queensland Enterprise Agreement 2024. The application was before the Fair Work Commission (FWC). The agreement was intended to cover employees who are classified as casual employees under the enterprise. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement provided for the protection of casual employees' rights and entitlements, including the right to request conversion to permanent employment. The FWC considered whether the agreement met the "better off overall test" and whether it provided for a fair and reasonable process for casual employees to request conversion to permanent employment. The court had to determine if the agreement's provisions regarding casual employment and conversion requests were consistent with the legislative framework.

The FWC found that the agreement adequately protected the rights of casual employees and met the better off overall test. The agreement provided for a process that allowed casual employees to request conversion to permanent employment, which was considered fair and reasonable. The FWC approved the agreement, noting that it provided for appropriate protections and benefits for casual employees, including provisions for shift patterns, penalty rates, and the conversion process.

The FWC approved the Y Schools Queensland Enterprise Agreement 2024, finding that it met the requirements for approval under the Fair Work Act 2009. The agreement was considered to be fair and reasonable, providing appropriate protections and benefits for casual employees, including a fair process for requesting conversion to permanent employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established