DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yooralla
(AG2016/8067)

YORALLA STAFF TERMS AND REMUNERATION (STAR) AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 6 MARCH 2017

Application for approval of the Yooralla Staff Terms and Remuneration (STAR) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Yoralla Staff Terms and Remuneration (STAR) Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] 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 13 March 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Yooralla applied for approval of the Yooralla Staff Terms and Remuneration (STAR) Agreement 2016, which had been entered into with the Construction, Forestry, Maritime, Mining and Energy Union. The union had argued that the agreement did not meet the requirements of a certified agreement under the Fair Work Act 2009. The union claimed that the agreement was invalid because it contained provisions that exceeded the scope of the union's authority to negotiate.

The central legal issues before the Commission were whether the union had the authority to negotiate the agreement and whether the agreement was in compliance with the statutory requirements for a certified agreement. The Commission examined the scope of the union's authority to negotiate and whether the agreement was within the limits of that authority. The Commission also considered whether the agreement was appropriately certified as a single interest employer agreement.

The Commission found that the union had the authority to negotiate the agreement and that the agreement was within the scope of that authority. The Commission determined that the agreement was appropriately certified as a single interest employer agreement and was in compliance with the statutory requirements. The Commission approved the agreement, finding that it met all the necessary criteria for a certified agreement.

The Commission made an order approving the Yooralla Staff Terms and Remuneration (STAR) Agreement 2016 as a certified agreement. The order was made on the basis that the agreement was negotiated by the union within the scope of its authority and met all the statutory requirements for a certified agreement. The union's objections to the agreement were dismissed.

Yooralla

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established