DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Young Men’s Christian Association of Canberra Inc (A00020) T/A YMCA Canberra
(AG2020/983)

YMCA CANBERRA ENTERPRISE AGREEMENT 2019

Children’s services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 MAY 2020

Application for approval of the YMCA Canberra Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the YMCA Canberra Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (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. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of the Young Men’s Christian Association of Canberra Inc, trading as YMCA Canberra, the applicants sought approval of the YMCA Canberra Enterprise Agreement 2019 from the Fair Work Commission. The dispute arose as part of the statutory process for the approval of enterprise agreements under the Fair Work Act 2009. The matter was heard by Commissioner Kelly, who was tasked with determining whether the agreement met the necessary criteria for approval, including ensuring it provided for fair and reasonable terms and conditions of employment.

The central legal issues before the court were whether the agreement complied with the procedural requirements set forth in the Fair Work Act and whether it provided for fair and reasonable terms and conditions. This involved examining the agreement's provisions to ensure they met the standards of procedural fairness and did not contain terms that were manifestly unfair or unreasonable. Additionally, the court had to consider the impact of the agreement on employees' rights and the balance of power between the employer and the employees.

Commissioner Kelly found that the agreement was procedurally sound and met the criteria for approval. The court examined various aspects of the agreement, including the negotiation process, the terms of employment, and the protection of employee rights. The Commissioner concluded that the agreement was fair and reasonable, as it provided for adequate protections and benefits for the employees while allowing the employer to operate efficiently. Consequently, the court approved the YMCA Canberra Enterprise Agreement 2019, recognising it as a fair and reasonable agreement under the Act.

Young Men’s Christian Association of Canberra Inc (A00020) T/A YMCA Canberra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established