Young Mens Christian Association Of Whittlesea Incorporated Trading As The Y Whittlesea Inc

[2025] FWCA 1480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Young Mens Christian Association Of Whittlesea Incorporated Trading As The Y Whittlesea Inc

(AG2025/865)

THE Y WHITTLESEA ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
COMMISSIONER YILMAZ	MELBOURNE, 5 MAY 2025

Application for variation of the Y Whittlesea Enterprise Agreement 2024

An application has been made for approval of a variation to the Y Whittlesea Enterprise Agreement 2024 (the Agreement). The application was made by Young Mens Christian Association Of Whittlesea Incorporated Trading As The Y Whittlesea Inc pursuant to s.210 of the Fair Work Act 2009 (Cth) (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings are attached at Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

I note that the variation incorporates into its varied clauses the undertakings previously provided by the Applicant and accepted by the Commission when the Agreement was approved on 29 July 2024. Accordingly, I am satisfied the previous undertakings are not required to form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 5 May 2025.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application by the Young Mens Christian Association of Whittlesea Incorporated, trading as The Y Whittlesea, for a variation of the Y Whittlesea Enterprise Agreement 2024. The application was brought under the Fair Work Act 2009, seeking amendments to the existing enterprise agreement to allow for changes in the work arrangements of certain employees. The Fair Work Commission heard the application and was tasked with determining whether the proposed changes met the criteria for a variation under the legislation.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were necessary and appropriate. The Commission had to consider whether the changes were in the interests of the employees, whether they would not have an adverse effect on the employees, and whether the application met the procedural requirements set out in the Fair Work Act. The Commission also needed to assess whether the application was made in good faith and whether there had been genuine bargaining between the parties.

The Fair Work Commission found that the application met the criteria for a variation of the enterprise agreement. The Commission concluded that the proposed changes were necessary to adapt to the changing needs of the organisation and the employees. It was determined that the changes would not have an adverse effect on the employees and were in their best interests. The Commission further found that the application was made in good faith and that there had been genuine bargaining between the parties. The proposed changes were considered to be reasonable and necessary, and the Commission approved the variation of the enterprise agreement as sought by the applicant.

The Fair Work Commission made an order varying the Y Whittlesea Enterprise Agreement 2024 as applied to the employees of the Young Mens Christian Association of Whittlesea Incorporated, trading as The Y Whittlesea. The order incorporated the proposed changes into the agreement, effective from the date of the Commission's decision. This outcome allowed the organisation to implement the necessary work arrangement changes while ensuring that the rights and interests of the employees were protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established