YMCA of Ballarat T/A Y Ballarat

[2024] FWCA 2920

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

YMCA of Ballarat T/A Y Ballarat

(AG2024/2056)

Y BALLARAT ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER WILSON	MELBOURNE, 9 AUGUST 2024

Application for approval of the Y Ballarat Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Y Ballarat 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 YMCA of Ballarat T/A Y Ballarat. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 9 June 2023 and the Agreement was made on 24 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2024. The nominal expiry date of the Agreement is 21 April 2027.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the YMCA of Ballarat trading as Y Ballarat, which sought approval of the Y Ballarat Enterprise Agreement 2024. The dispute centred on the terms and conditions of employment for the organisation's staff, and whether the proposed agreement met the necessary requirements under Australian employment law. The commission was tasked with ensuring that the agreement was fair and reasonable, and did not undermine the rights of the employees.

The primary legal issue before the commission was whether the proposed agreement complied with the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages and conditions, and whether it allowed for the proper exercise of employees' rights under the act. The commission also had to consider if the agreement was certified as "no disadvantage" by an independent certifier, which would facilitate its approval.

In examining the proposed agreement, the commission considered various factors including the views of the parties, the nature of the workplace, and the broader economic context. The commission acknowledged the importance of balancing the needs of the employer with the rights and interests of the employees. After thorough consideration, the commission concluded that the proposed agreement met the necessary requirements for approval. It was found to be fair and reasonable, and did not undermine the rights of employees. The commission also noted the independent certification as "no disadvantage" which supported the agreement's approval.

The commission approved the Y Ballarat Enterprise Agreement 2024, confirming its compliance with the Fair Work Act. The decision was made in the interest of achieving a fair balance between the rights of employees and the operational needs of the employer. The approved agreement will now govern the terms and conditions of employment for the staff of YMCA of Ballarat trading as Y Ballarat.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established