DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yooralla
(AG2018/7311)

YOORALLA STAFF TERMS AND REMUNERATION (STAR) AGREEMENT 2018

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 14 MARCH 2019

Application for approval of the Yooralla Staff Terms and Remuneration (STAR) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Yooralla Staff Terms and Remuneration (STAR) 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 Applicant). 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 Agreement lodged contained an error at clause 11.6(c). On 14 March 2019, the

Applicant filed a correction pursuant to s.586 of the Act in an undertaking. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 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 case involved Yooralla, an organisation providing disability support services, seeking approval for its Staff Terms and Remuneration (STAR) Agreement 2018. The application was made under the Fair Work Act 2009, and the decision was rendered by the Fair Work Commission. The dispute centred around whether the STAR Agreement met the requirements for approval, particularly concerning the classification and pay rates of staff within the organisation.

The primary legal issue before the Commission was whether the STAR Agreement was fair and reasonable in terms of its provisions for employee classification and remuneration. This involved examining whether the agreement provided for fair and reasonable terms and conditions for employees, taking into account factors such as the nature of the work, the qualifications and skills of the employees, and the need for flexibility and efficiency in the workplace.

The Commission found that the STAR Agreement was fair and reasonable. It determined that the classification and remuneration provisions were consistent with the principles of the National Employment Standards and the applicable awards. The Commission noted that the agreement provided for appropriate classifications that reflected the skills and responsibilities of the employees. Additionally, the pay rates were deemed to be fair, considering the nature of the work and the broader economic context. The Commission concluded that the agreement was not only fair but also conducive to promoting flexibility and efficiency in the workplace, thereby meeting the statutory requirements for approval.

The Fair Work Commission approved the Yooralla Staff Terms and Remuneration (STAR) Agreement 2018, finding it to be fair and reasonable in all respects. The decision provided clarity for both Yooralla and its employees regarding the terms and conditions of employment, ensuring compliance with the Fair Work Act 2009.

Yooralla

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established