| [2018] FWCA 1889 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Young Women’s Christian Association of Adelaide Incorporated T/A YWCA Adelaide
(AG2018/6)
Young Women’s Christian Assoication of Adelaide Inc. Employees Enterprise Agreement 2017
| Social, community, home care and disability services | |
| Commissioner Saunders | NEWCASTLE, 29 MARCH 2018 |
Application for approval of the Young Women’s Christian Association of Adelaide Inc. Employees Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Young Women’s Christian Association of Adelaide Inc. Employees 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 Women’s Christian Association of Adelaide Incorporated T/A YWCA Adelaide. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings.
Subject to the Undertakings, 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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Australian Services Union (ASU) 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2018. The nominal expiry date of the Agreement is 30 June 2021.
COMMISSIONER
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- AGLC
- Young Women’s Christian Association of Adelaide Incorporated T/A YWCA Adelaide [2018] FWCA 1889
- Case
- [2018] FWCA 1889
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement provided for minimum terms and conditions as required by the Fair Work Act, and if it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission needed to determine whether the agreement was free from any provisions that might be considered contrary to public policy or unfair. The application was scrutinised to ensure that it did not undermine the principles of the Australian industrial relations system.
In its decision, the Commission thoroughly examined the provisions of the agreement, confirming that it met all statutory requirements and did not contravene any public policy. The Commission found that the agreement was fair and reasonable, providing appropriate terms and conditions for the employees of YWCA Adelaide. The Commission approved the application, concluding that the agreement was in compliance with all legislative requirements and served the interests of both the employees and the organisation. The decision was made in line with the principles of fairness and the statutory objectives of the Fair Work Act.
Orders
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Background
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