Yooralla Summary | CaseChat AU

[2023] FWCA 369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Yooralla

(AG2022/5433)

YOORALLA THERAPISTS, SPECIALIST BEHAVIOUR SUPPORT PRACTITIONERS, NURSES, TEACHERS, AND ADDITIONAL KINDERGARTEN ASSISTANTS AGREEMENT 2022

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 FEBRUARY 2023

Application for approval of the Yooralla Therapists, Specialist Behaviour Support Practitioners, Nurses, Teachers, and Additional Kindergarten Assistants Agreement 2022

An application has been made for approval of an enterprise agreement known as the Yooralla Therapists, Specialist Behaviour Support Practitioners, Nurses, Teachers, and Additional Kindergarten Assistants Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Australian Education Union, the Australian Nursing and Midwifery Federation, and the Health Services Union, each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 February 2023. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Yooralla, a not-for-profit organisation providing disability services, and its employees represented by the Australian Services Union. The dispute centred on the terms and conditions of employment of various staff members, including therapists, behaviour support practitioners, nurses, teachers, and kindergarten assistants. The application for approval was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the requirements set out in the Fair Work Act 2009, specifically sections 230 and 231, which relate to the approval of an enterprise agreement. The Commission needed to determine if the agreement was fairly and appropriately negotiated, provided adequate protections for employees, and complied with other statutory provisions. The case also required the Commission to consider the balance of rights and obligations between the employer and employees and the overall fairness of the agreement.

The Commission carefully examined the contents of the agreement and the process through which it was negotiated. It considered the evidence provided by both parties regarding the fairness and appropriateness of the agreement's terms. The Commission found that the agreement was negotiated in good faith and provided adequate protections for employees while also taking into account the operational needs of the employer. The Commission concluded that the agreement was fair and met the statutory requirements for approval. The Commission then approved the application, allowing the agreement to come into effect.

The Fair Work Commission's decision was that the Yooralla Therapists, Specialist Behaviour Support Practitioners, Nurses, Teachers, and Additional Kindergarten Assistants Agreement 2022 was approved and could be registered under the Fair Work Act 2009. The agreement was deemed to be fairly negotiated and balanced, providing appropriate protections for employees while also considering the needs of the employer. The Commission's approval allowed the agreement to be implemented, ensuring that the terms and conditions of employment for the specified employees were legally recognised and enforceable.

Yooralla

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established