DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Young Women's Christian Association of Adelaide Incorporated T/A YWCA Adelaide
(AG2015/4700)

YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF ADELAIDE INC EMPLOYEES ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 7 SEPTEMBER 2015

Application for approval of the Young Women's Christian Association of Adelaide Inc Employees Enterprise Agreement 2014.

[1] 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 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Young Women’s Christian Association of Adelaide Incorporated T/A YWCA Adelaide. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Young Women's Christian Association of Adelaide Incorporated, trading as YWCA Adelaide, sought approval for the Young Women's Christian Association of Adelaide Inc Employees Enterprise Agreement 2014 from the Fair Work Commission. The dispute arose as the applicant wanted to ensure that the enterprise agreement complied with the relevant industrial and legislative framework. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement covered all the necessary minimum terms and conditions, whether it allowed for fair and flexible working arrangements, and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission examined whether the agreement was free from any provisions that would undermine the safety and health of employees or contravene any other legislative provisions.

In evaluating the agreement, the Commission took into account the submissions from the parties and relevant legislative and regulatory frameworks. The Commission found that the agreement met the necessary criteria for approval. It included all the required minimum terms and conditions, allowed for flexible working arrangements, and provided for appropriate dispute resolution mechanisms. The Commission also determined that the agreement did not contain any provisions that would compromise the safety and health of employees and was consistent with other relevant legislation. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Young Women's Christian Association of Adelaide Inc Employees Enterprise Agreement 2014, finding that it complied with all the necessary statutory requirements. The Commission's decision was based on the comprehensive evaluation of the agreement, including its provisions on minimum terms and conditions, flexible working arrangements, dispute resolution mechanisms, and compliance with safety and health standards. This approval ensures that the agreement is legally binding and can be implemented by the parties involved.

Young Women's Christian Association of Adelaide Incorporated T/A YWCA Adelaide

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established