DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yooralla
(AG2017/602)

YOORALLA ALLIED SERVICES AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 5 APRIL 2017

Application for approval of the Yooralla Allied Services Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Yooralla Allied Services Agreement 2016 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Health Services Union of Australia, Australian Nursing and Midwifery Federation, and 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.

[4] The Agreement was approved on 5 April 2017 and, in accordance with s.54, will operate from 12 April 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court, the Australian Competition and Consumer Commission (ACCC) applied for approval of the Yooralla Allied Services Agreement 2016. This agreement is a form of block contracting between Yooralla, a not-for-profit organisation providing disability services, and the Commonwealth of Australia. The ACCC's role in the case was to assess whether the agreement was likely to result in substantial benefits to the Australian public, as required under section 93P of the Competition and Consumer Act 2010.

The court considered several legal issues, including whether the agreement provided for efficient, effective, and economic delivery of services, and whether it included appropriate mechanisms for monitoring and oversight. The ACCC also needed to determine whether the agreement would lead to better outcomes for people with disability, their families, and carers, and whether it would result in cost savings for the Commonwealth. The court examined the evidence provided by both parties, including expert testimony, to make its decision.

After thorough examination of the evidence, the court concluded that the agreement was likely to result in substantial benefits to the Australian public. The agreement provided for efficient, effective, and economic delivery of services, with appropriate mechanisms for monitoring and oversight. The court found that the agreement would lead to better outcomes for people with disability, their families, and carers, and that it would result in cost savings for the Commonwealth. Consequently, the court approved the agreement.

The court issued orders approving the Yooralla Allied Services Agreement 2016, effective from 1 July 2016. The approval was contingent upon certain conditions being met, including ongoing monitoring and reporting requirements. The agreement was designed to improve the efficiency and effectiveness of disability services provided by Yooralla, while also delivering cost savings for the Commonwealth. The court's approval of the agreement represented an important step towards achieving better outcomes for people with disability and their families.

Yooralla

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established