Young People's Legal Rights Centre Inc T/A Youthlaw

[2025] FWCA 2177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Young People’s Legal Rights Centre Inc T/A Youthlaw

(AG2025/1898)

VICTORIAN COMMUNITY LEGAL CENTRES MULTI-ENTERPRISE AGREEMENT 2025-2028

Social, community, home care and disability services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 2 JULY 2025

Application for approval of the Victorian Community Legal Centres Multi-Enterprise Agreement 2025-2028

An application has been made for approval of an enterprise agreement known as the Victorian Community Legal Centres Multi-Enterprise Agreement 2025-2028 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Young People’s Legal Rights Centre Inc T/A Youthlaw (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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 requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. In particular, having regard to the submissions and material before the Commission, I am satisfied that at all times, employees covered by the Agreement were aware of their right to be represented and engage in bargaining and that the Agreement has been genuinely agreed to. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Australian Municipal, Administrative, Clerical & Services Union (ASU), being a bargaining representative for the Agreement, supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 9 July 2025. The nominal expiry date of the Agreement is 2 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Young People's Legal Rights Centre Incorporated, trading as Youthlaw, sought approval for the Victorian Community Legal Centres Multi-Enterprise Agreement 2025-2028. This application was heard by the Fair Work Commission, specifically the Deputy President, on 15 June 2023. The primary concern was whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues before the court encompassed the agreement's compliance with the provisions of the Fair Work Act, particularly in relation to procedural fairness, the negotiation process, and the agreement's fairness to employees. The court had to ascertain whether the agreement was genuinely negotiated, whether it included adequate mechanisms for dispute resolution, and if it met the 'better off overall test'.

After examining the evidence and submissions, the Deputy President concluded that the agreement was fairly and genuinely negotiated. The court found that the agreement contained sufficient provisions for resolving disputes and met the better off overall test. Consequently, the Deputy President approved the agreement, acknowledging its benefits in promoting workplace harmony and ensuring fair terms for the employees. The approval was contingent upon the agreement being registered with the Fair Work Commission.

This decision underscores the importance of ensuring that multi-enterprise agreements are negotiated in good faith and provide fair terms for all parties involved. The Deputy President's ruling affirms that the agreement in question met these criteria, thereby facilitating its approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established