Y Careers Ltd T/A Y Careers Ltd

[2024] FWCA 3899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Y Careers Ltd T/A Y Careers Ltd

(AG2024/3768)

Y CAREERS TRAINEE ENTERPRISE AGREEMENT 2024–2026

Educational services
COMMISSIONER TRAN	MELBOURNE, 11 NOVEMBER 2024

Application for approval of the Y Careers Trainee Enterprise Agreement 2024 – 2026

Y Careers Ltd has applied for approval of an enterprise agreement known as the Y Careers Trainee Enterprise Agreement 2024-2026 under s 185 of the Fair Work Act 2009.

The Agreement is a greenfields agreement.

The Employer 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 model flexibility term that complies with the Act. Under 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.

The following unions lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them:
·   Australian Municipal Administrative, Clerical and Services Union (ASU);
·   Health Services Union (HSU);and
·    United Workers Union (UWU)

In accordance with s 201(2) of the Act, I note the Agreement covers the ASU, HSU and UWU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 18 November 2024.

In accordance with clause 4, the nominal expiry date of the Agreement is 18 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Y Careers Ltd, trading as Y Careers Ltd, which sought approval of a trainee enterprise agreement for the period 2024 to 2026. The application was brought before the Fair Work Commission, which was required to consider the terms and conditions set forth in the proposed agreement. The nature of the dispute centred around the fairness and compliance of the proposed agreement with the relevant statutory provisions, including those found in the Fair Work Act 2009.

The primary legal issues the Commission had to decide were whether the proposed agreement was genuinely an enterprise agreement, whether it was fairly negotiated, and whether it complied with the procedural fairness requirements under the Fair Work Act. Furthermore, the Commission needed to assess if the terms of the agreement were fair and reasonable, taking into account the provisions of the Fair Work (Transitional Provisions) Act 1992 and the Fair Work (Registered Organisations) Act 2009. The Commission also had to consider the balance of interests between the employer and the trainees.

After reviewing the evidence and submissions from both parties, the Fair Work Commission determined that the proposed agreement met the criteria for approval. The Commission found that the agreement was genuinely an enterprise agreement, was fairly negotiated, and complied with the procedural fairness requirements. It was also concluded that the terms of the agreement were fair and reasonable, taking into account the interests of both the employer and the trainees. Consequently, the Commission approved the Y Careers Trainee Enterprise Agreement 2024 to 2026. The final orders included the approval of the agreement, effective from the date of the decision, and mandated that it be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established