DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Community Housing Ltd
(AG2015/7555)

YCH ENTERPRISE BARGAINING AGREEMENT - HOUSING AND ADMINISTRATIVE STAFF 2015 - 2018

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 15 DECEMBER 2015

Application for approval of the YCH Enterprise Bargaining Agreement - Housing and Administrative Staff 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the YCH Enterprise Bargaining Agreement - Housing and Administrative Staff 2015 – 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yarra Community Housing Ltd. 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.

[3] Australian Municipal, Administrative, Clerical and Services Union (ASU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Yarra Community Housing Ltd, which applied for the approval of the YCH Enterprise Bargaining Agreement - Housing and Administrative Staff 2015 - 2018. The Fair Work Commission was tasked with assessing the agreement and determining whether it met the necessary standards for approval. The primary issue before the commission was whether the agreement was in the best interests of the employees and the employer, and whether it complied with the Fair Work Act 2009. The commission had to consider various aspects, including the fairness of the agreement, its compliance with the relevant legislation, and the process through which it was negotiated.

The Fair Work Commission undertook a thorough analysis of the agreement, examining its provisions and the process through which it was developed. The commission considered the fairness and reasonableness of the terms and conditions outlined in the agreement, taking into account the interests of both the employees and the employer. The commission also evaluated whether the agreement complied with the statutory requirements set forth in the Fair Work Act 2009. In its decision, the commission found that the agreement was fair and reasonable and that it met all the necessary statutory requirements. Consequently, the commission approved the YCH Enterprise Bargaining Agreement - Housing and Administrative Staff 2015 - 2018.

The Fair Work Commission approved the YCH Enterprise Bargaining Agreement - Housing and Administrative Staff 2015 - 2018, finding it to be fair and reasonable and compliant with the statutory requirements. The commission considered the interests of both the employees and the employer and evaluated the negotiation process, ultimately determining that the agreement met the necessary standards for approval. The commission's decision was based on a comprehensive assessment of the agreement's provisions and its alignment with the Fair Work Act 2009. The final order was the approval of the agreement, effective from the date of the commission's decision.

Yarra Community Housing Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established