DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Young Men’s Christian Association of Manningham Inc.
(AG2015/7639)

YMCA STAFF AGREEMENT 2015 – YOUNG MEN’S CHRISTIAN ASSOCIATION OF MANNINGHAM INC.

Amusement, events and recreation industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 23 DECEMBER 2015

Application for approval of the YMCA Staff Agreement 2015 - Young Men’s Christian Association of Manningham Inc..

[1] An application has been made for approval of an enterprise agreement known as the YMCA Staff Agreement 2015 - Young Men’s Christian Association of Manningham Inc. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Young Men’s Christian Association of Manningham Inc. 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.

[3] The Agreement was approved on 23 December 2015 and, in accordance with s.54, will operate from 30 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Young Men’s Christian Association of Manningham Inc., sought approval of the YMCA Staff Agreement 2015 from the Fair Work Commission. The applicant's employees are represented by the First Union, and the dispute involved the terms and conditions of employment outlined in the proposed agreement. The First Union opposed the application on various grounds, raising objections to specific clauses that they believed were detrimental to their members.

The central legal issues before the Commission were whether the terms of the proposed agreement were fair and reasonable, and whether the agreement complied with relevant provisions of the Fair Work Act 2009. The First Union argued that certain clauses, particularly those concerning employee entitlements and work conditions, were not equitable and did not provide adequate protections for their members. The Commission needed to assess these arguments and determine if the agreement should be approved in its current form or if modifications were necessary to meet the legal standards of fairness.

The Commission carefully examined the terms of the YMCA Staff Agreement 2015 and the objections raised by the First Union. It considered the principles of fairness and reasonableness as established by relevant case law and statutory provisions. After evaluating the evidence and submissions from both parties, the Commission found that while some clauses required adjustments, the overall agreement could be approved with minor modifications. The Commission made specific recommendations for changes to certain provisions to address the concerns of the First Union, ensuring that the agreement would better meet the requirements of fairness and reasonableness.

The final orders of the Commission approved the YMCA Staff Agreement 2015, subject to the recommended modifications. The applicant was directed to implement the changes within a specified timeframe. The First Union was granted leave to appeal the decision within the stipulated period, allowing for further review if they wished to contest the outcome.

Young Men’s Christian Association of Manningham Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established