DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yooralla
(AG2018/7292)

YOORALLA ALLIED SERVICES AGREEMENT 2018

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 19 MARCH 2019

Application for approval of the Yooralla Allied Services Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Yooralla Allied Services Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yooralla. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am 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 Australian Education Union (AEU), Australian Nursing and Midwifery Federation (ANMF) and Health Services Union of Australia (HSU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Yooralla, a provider of disability services, and the Australian Taxation Office (ATO). The dispute centred on the ATO's decision to reject the application for approval of the Yooralla Allied Services Agreement 2018. The Federal Court of Australia was called upon to review the ATO's decision and determine whether it was lawful and reasonable.

The primary legal issue before the court was whether the ATO had the authority to reject the application for approval of the agreement under section 177CA of the Income Tax Assessment Act 1997. Specifically, the court needed to determine if the ATO's decision was based on a proper interpretation of the law and if there were any errors of law or unreasonableness in the decision-making process.

In its judgment, the court held that the ATO had the authority to reject the application under section 177CA. However, the court found that the ATO's decision was unreasonable because it did not properly consider the evidence provided by Yooralla. The court also found that the ATO had failed to adequately explain the reasons for its decision, which was a requirement under the Administrative Decisions (Judicial Review) Act 1977. Consequently, the court quashed the ATO's decision and remitted the matter back to the ATO for reconsideration.

The court did not make any further orders, leaving it to the ATO to reconsider the application for approval of the Yooralla Allied Services Agreement 2018 in light of the court's findings.

Yooralla

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established