Young Mens Christian Association Of Whittlesea Incorporated T/A The Y Whittlesea Inc
[2024] FWCA 2769
•29 JULY 2024
| [2024] FWCA 2769 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Young Mens Christian Association Of Whittlesea Incorporated T/A The Y Whittlesea Inc
(AG2024/1850)
THE Y WHITTLESEA ENTERPRISE AGREEMENT 2024
| Social, community, home care and disability services | |
| COMMISSIONER WILSON | MELBOURNE, 29 JULY 2024 |
Application for approval of The Y Whittlesea Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the The Y Whittlesea Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Young Mens Christian Association Of Whittlesea Incorporated T/A The Y Whittlesea Inc. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 9 June 2023 and the Agreement was made on 13 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
The Employer 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.
The Health Services Union of Australia Victoria No.1 Branch, trading as ‘Health Workers Union’ (HWU), 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.
The HWU filed their F18 with the Commission on 20 June 2024, raising a key issue the HWU has with the Agreement, that Home Care employees should fall under Schedule B, not Schedule E in the SCHADS Award. The Applicant addressed these concerns raised by the HWU with a follow up email to the Commission on 25 June 2024. Despite the reservations of the HWU, I am nonetheless satisfied that the Agreement should be approved.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2024. The nominal expiry date of the Agreement is 20 May 2027.
COMMISSIONER
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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