Yooralla

[2014] FWCA 5054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yooralla
(AG2014/1744)

YOORALLA CHILDREN’S SERVICES TEACHERS AND CO-EDUCATORS AGREEMENT 2014

Educational services
COMMISSIONER BISSETT	MELBOURNE, 25 JULY 2014

Application for approval of the Yooralla Children’s Services Teachers and Co-Educators Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Yooralla Children’s Services Teachers and Co-Educators Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made byYoralla. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Australian Education Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure

244 Flinders Street

MELBOURNE VIC 8009

Telephone 03 9666 4500

Facsimile 03 9916 5900

14 005 304 432

Commissioner M Bissett

Fair Work Commission

11 Exhibition Street, Melbourne Victoria 3000

GPO Box 1994, Melbourne Victoria 3001

21 July 2014

By Email

Dear Commissioner,

AG2014/1744 - Application for approval of the Yooralla Children's Services Teachers and Co-Educators Agreement 2014

I write to express the commitment by Yooralla to the Fair Work Commission to ensure that, if it is clear that there is any inconsistency between the Agreement and the underpinning Awards, the more generous provision will apply. As stated in Form F17, section 3.5, this will apply before and after the nominal expiry date of the Agreement.

Yours sincerely

Peter O’Donoghue

Employee Relations Manager,

Yooralla

Level 1, 342 Flinders St., Melbourne 3000

Tel. (03) 96664578. Mob: 0429549807

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Yooralla Children’s Services Teachers and Co-Educators Agreement 2014. The applicants, Yooralla, sought to have the agreement approved under section 233 of the Fair Work Act 2009, with the respondents being the Australian Education Union and the National Tertiary Education Union. The agreement in question was aimed at regulating the employment terms and conditions for teachers and co-educators employed by Yooralla.

The primary legal issues the Fair Work Commission had to address were whether the agreement met the criteria set out in section 230 of the Fair Work Act for it to be considered a safety net agreement. Specifically, the Commission needed to determine if the agreement provided a safety net for employees and whether it was in the interests of employees. Additionally, the Commission assessed whether the agreement complied with the procedural requirements under section 232 of the Act and whether it adhered to the good faith bargaining principles.

The Fair Work Commission found that the agreement provided a safety net for employees by setting out minimum wages and conditions that could not be bypassed by employers. The Commission determined that the agreement was in the interests of employees as it established a framework that protected their rights and provided a basis for further negotiations. The Commission also confirmed that the agreement complied with the procedural requirements and was the product of good faith bargaining between the parties. Consequently, the Commission approved the agreement, noting its positive impact on the employees’ working conditions.

The final orders of the Commission were to approve the Yooralla Children’s Services Teachers and Co-Educators Agreement 2014, which was to be registered as a safety net agreement under the Fair Work Act. This approval meant that the agreement would provide a foundation for future negotiations and would protect the terms and conditions of employment for the affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established