DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Youth Action and Policy Association (NSW) Incorporated
(AG2018/4777)

YOUTH ACTION AND POLICY ASSOCIATION (NSW) ENTERPRISE AGREEMENT 2018-2021

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the Youth Action and Policy Association (NSW) Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Youth Action and Policy Association (NSW) Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Youth Action and Policy Association (NSW) Incorporated. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2019. The nominal expiry date of the Agreement is 04 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Youth Action and Policy Association (NSW) Incorporated sought approval of the Enterprise Agreement 2018-2021. The applicant argued the agreement was suitable for approval under the Fair Work Act 2009 as it met the ‘better off overall test’ and contained the required ‘protected action provisions’. The respondent, Youth Workers’ Union of NSW, opposed the approval of the agreement, arguing it failed to meet the better off overall test and contained inadequate protected action provisions.

The central legal issues were whether the agreement provided employees with a safety net of minimum entitlements, was sufficiently flexible to meet the needs of the organisation, and contained adequate protected action provisions. The Commission examined the agreement against the criteria for approval under the Fair Work Act, focusing on whether the agreement provided employees with a safety net of minimum entitlements, and whether it was flexible enough to meet the needs of the organisation. The Commission also assessed whether the agreement contained adequate protected action provisions.

The Commission found that the agreement met the ‘better off overall test’ as it provided employees with a safety net of minimum entitlements and contained provisions that were sufficiently flexible to meet the needs of the organisation. The Commission also found that the agreement contained adequate protected action provisions, meeting the requirements of the Fair Work Act. The Commission approved the agreement, emphasising the importance of meeting the better off overall test and the need for adequate protected action provisions in enterprise agreements.

The Fair Work Commission approved the Youth Action and Policy Association (NSW) Enterprise Agreement 2018-2021, finding it met the criteria for approval under the Fair Work Act. The Commission's decision highlights the importance of meeting the better off overall test and the need for adequate protected action provisions in enterprise agreements.

Youth Action and Policy Association (NSW) Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established