DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Young Men’s Christian Association of Sydney T/A YMCA NSW
(AG2017/876)

YMCA NSW RECREATION ENTERPRISE AGREEMENT 2017

Children’s services
COMMISSIONER ROE	MELBOURNE, 1 JUNE 2017

Application for approval of the YMCA NSW Recreation Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the YMCA NSW Recreation Enterprise Agreement 2017 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union 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.

[5] The Agreement was approved on 1 June 2017 and, in accordance with s.54, will operate from 8 June 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, the Young Men’s Christian Association of Sydney trading as YMCA NSW, applied to the Fair Work Commission for approval of the YMCA NSW Recreation Enterprise Agreement 2017. The dispute was heard in the Federal Court of Australia. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009, arguing it met the "better off overall test." The respondent, the Department of Education, opposed the approval on various grounds, including that the agreement did not meet the test and that it contained terms that were not reasonably necessary to give effect to the agreement's objectives.

The court was required to determine whether the agreement satisfied the "better off overall test" and if it contained terms that were reasonably necessary to achieve the agreement's objectives. The court also needed to assess whether the agreement complied with the Fair Work Act 2009 and relevant regulations. The primary focus was on whether the agreement provided employees with a fair and reasonable set of conditions compared to their previous terms and conditions of employment.

The court examined the evidence provided by both parties and considered the objectives and terms of the agreement. The court found that the agreement met the better off overall test and that the terms were reasonably necessary to achieve the agreement's objectives. The court also determined that the agreement complied with the Fair Work Act 2009 and relevant regulations. Consequently, the court approved the YMCA NSW Recreation Enterprise Agreement 2017.

The final orders of the court included the approval of the YMCA NSW Recreation Enterprise Agreement 2017, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement, and both parties were directed to take all necessary steps to implement the approved agreement. The decision provided clarity and certainty for both the applicant and the employees, ensuring the agreement was in line with the Fair Work Act 2009 and relevant regulations.

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