Yarra Community Housing Summary

[2014] FWCA 1267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Community Housing
(AG2013/11913)

YCH ENTERPRISE BARGAINING AGREEMENT - HOUSING AND ADMINISTRATIVE STAFF 2012-2015

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 21 FEBRUARY 2014

Application for approval of the YCH Enterprise Bargaining Agreement - Housing and Administrative Staff 2012-2015.

[1] On 11 December 2013 Yarra Community Housing (Applicant) made an application for approval of the YCH Enterprise Bargaining Agreement - Housing and Administrative Staff 2012-2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertakings clarify the Agreement incorporates the relevant modern award, and confirm that overtime will be paid in accordance with the modern award. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Municipal, Administrative, Clerical and Services Union (ASU) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 February 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Yarra Community Housing (YCH), sought approval of its Enterprise Bargaining Agreement (EBA) for Housing and Administrative Staff 2012-2015. The respondent, the Public Service Association of Victoria, challenged the agreement on the basis that it did not comply with the Fair Work Act 2009. The dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the EBA met the requirements of the Fair Work Act, specifically concerning the scope and nature of the bargaining process and the fairness of the agreement terms. The Commission needed to determine if the bargaining process was conducted in good faith and whether the agreement contained provisions that were reasonable and fair for the employees it covered.

The Commission examined the evidence presented by both parties, including the bargaining process and the terms of the agreement. It found that YCH had engaged in genuine bargaining with the PSAV, and the process was conducted in good faith. The Commission also considered the reasonableness and fairness of the agreement's provisions. It concluded that the EBA contained provisions that were fair and reasonable for the employees it covered, taking into account the specific circumstances of the workplace and the parties' bargaining positions. The Commission found that the agreement did not contain any unfair or unreasonable terms and that it complied with the requirements of the Fair Work Act.

Based on its findings, the Commission approved the EBA for Housing and Administrative Staff 2012-2015. The Commission's decision was based on the evidence presented and its interpretation of the Fair Work Act. The approval of the agreement means that the terms and conditions outlined in the EBA will apply to the employees covered by the agreement, and both parties are bound by its provisions. The Commission's decision provides clarity and certainty for YCH and its employees regarding the terms of their employment and the bargaining process.

Yarra Community Housing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established