DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yooralla
(AG2014/11004)

YOORALLA THERAPISTS AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 10 FEBRUARY 2015

Application for approval of the Yooralla Therapists Agreement 2014.

[1] On 24 December 2014 Yooralla (Applicant) made an application for approval of the Yooralla Therapists Agreement 2014 (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. Copies of the undertakings are attached as Annexure A and Annexure B. 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 Health Services Union of Australia 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 Health Services Union of Australia, 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 17 February 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure A

Annexure B

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Yooralla to approve the Yooralla Therapists Agreement 2014. Yooralla, a non-profit organisation providing disability services, sought the approval to apply to its employees covered by the agreement. The dispute centred on the terms and conditions outlined in the proposed agreement and their compliance with relevant industrial laws.

The legal issues the court needed to address were whether the agreement met the standards for approval under the Fair Work Act 2009, including whether it provided fair and reasonable terms and conditions of employment. This involved examining provisions such as wages, leave entitlements, and other employment benefits to ensure they were not unduly prejudicial to employees.

The Fair Work Commission found that the proposed agreement was fair and reasonable. The commission considered the nature of Yooralla's business, the terms of the agreement, and the context of the employment relationship. The commission concluded that the agreement did not unjustifiably disadvantage the employees and was consistent with the objectives of the Fair Work Act. The court approved the agreement, allowing Yooralla to apply it to its employees.

Yooralla

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established