Young Academics HR Pty Ltd

[2025] FWCA 1844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Young Academics HR Pty Ltd

(AG2025/1562)

YAELC ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER CRAWFORD	SYDNEY, 2 JUNE 2025

Application for approval of the YAELC Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the YAELC Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Young Academics HR Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 2.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia (IEUA) and the United Workers’ Union (UWU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the IEUA and UWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 2 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission was called upon to determine whether the YAELC Enterprise Agreement 2025, proposed by Young Academics HR Pty Ltd, should be approved. The application arose from the negotiations between the employer and the union, which aimed to establish the terms and conditions of employment for the employees of Young Academics HR Pty Ltd. The union argued that the proposed agreement failed to meet certain statutory requirements, leading to a dispute over its approval.

The primary legal issues before the Commission were whether the agreement was fairly made and whether it contained the minimum terms and conditions mandated by the Fair Work Act 2009. The union contested the fairness of the agreement, asserting that it did not adequately represent the interests of the employees and fell short of the statutory minimum standards. The employer, on the other hand, maintained that the agreement was fairly negotiated and contained all the required minimum terms.

In evaluating the application, the Commission considered the evidence presented by both parties. It examined whether the agreement was genuinely negotiated and whether it met the minimum standards set by the Fair Work Act. The Commission found that the agreement had been fairly negotiated and that it contained all the necessary minimum terms. Consequently, the Commission approved the YAELC Enterprise Agreement 2025, dismissing the union's objections. The union's application for approval of the agreement was rejected, and the agreement was approved as it stood.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established