DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Young Men’s Christian Association of Sydney t/a YMCA NSW
(AG2015/6827)

YMCA NSW CAMPING ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2015

Application for approval of the YMCA NSW Camping Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the YMCA NSW Camping Enterprise Agreement 2015 (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 Sydney t/a YMCA NSW. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2015. 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, the Young Men’s Christian Association of Sydney trading as YMCA NSW applied for approval of the YMCA NSW Camping Enterprise Agreement 2015. The application was made on behalf of the employees who were members of the Association. The dispute centred on whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. The Commission had to determine if the agreement provided fair and reasonable terms for the employees and if it complied with the requirements for enterprise agreements.

The key legal issues the Commission needed to address were whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the mandatory provisions of the Fair Work Act, and whether it adhered to the good faith bargaining requirements. Additionally, the Commission had to consider if the agreement provided for the proper classification and remuneration of employees and if it adequately protected employees' rights and interests.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other employment-related matters. The Commission also determined that the agreement complied with the mandatory provisions of the Fair Work Act and met the good faith bargaining requirements. Furthermore, the agreement was found to adequately protect employees' rights and interests, providing for appropriate classification and remuneration of employees. Based on these findings, the Commission approved the YMCA NSW Camping Enterprise Agreement 2015. The decision ensured that the agreement would serve as a binding framework for the employment relationship between YMCA NSW and its employees.

Young Men’s Christian Association of Sydney t/a YMCA NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established