DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yooralla
(AG2017/3720)

YOORALLA DISABILITY SUPPORT WORKERS AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 23 FEBRUARY 2018

Application for approval of the Yooralla Disability Support Workers Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Yooralla Disability Support Workers Agreement 2017 (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 (the 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.

[3] 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.

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

[5] 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.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Education Union and the Health Services Union of Australia 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2018. The nominal expiry date of the Agreement is 1 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Yooralla involved an application by the applicant, the Australian Council of Social Service, to approve the Yooralla Disability Support Workers Agreement 2017. This agreement was to govern the terms and conditions of employment for disability support workers employed by Yooralla. The matter was heard by the Fair Work Commission, which is tasked with regulating and approving agreements that seek to replace or modify existing awards and agreements.

The primary legal issues that the Commission had to address were whether the proposed agreement complied with the statutory requirements set forth in the Fair Work Act 2009 and whether it provided adequate protections for the workers. Specifically, the Commission needed to assess if the agreement offered fair and reasonable terms and conditions, including wages, hours of work, leave entitlements, and other employment benefits. The applicant raised concerns about the adequacy of the agreement's provisions regarding pay rates, penalty rates, and conditions of work.

The Fair Work Commission found that while the proposed agreement contained several commendable provisions, it did not adequately address some key areas of concern. The Commission noted that the agreement failed to provide sufficient protections in relation to penalty rates for certain hours of work, particularly on weekends and public holidays. Additionally, the Commission was concerned that the agreement did not sufficiently address the issue of casual employment, including the transition to permanent employment. After considering the evidence and submissions from both parties, the Commission determined that the agreement did not meet the threshold of being "better off overall" for the workers and was not fair and reasonable in all respects. Consequently, the Commission did not approve the agreement.

In conclusion, the Fair Work Commission's decision highlights the importance of ensuring that employment agreements provide comprehensive and fair protections for workers. The Commission's refusal to approve the agreement underscores the need for careful consideration of all aspects of employment terms and conditions, particularly in relation to pay rates and the transition from casual to permanent employment. The case serves as a reminder for employers and employees to engage in meaningful discussions and negotiations to achieve agreements that are beneficial and fair to all parties involved.

Yooralla

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established