Y Careers Ltd T/A Y Careers Ltd

Case

[2024] FWCA 3899

11 NOVEMBER 2024


[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

  1. 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.

  1. The Agreement is a greenfields agreement.

  1. 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.

  1. 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.

  1. 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.

  1. 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)

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

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

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

COMMISSIONER

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ANNEXURE A

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