DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Youth Affairs Council of Victoria Inc
(AG2019/2656)

YOUTH AFFAIRS COUNCIL VICTORIA (YACVIC) ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 SEPTEMBER 2019

Application for approval of the Youth Affairs Council Victoria (YACVic) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Youth Affairs Council Victoria (YACVic) Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Municipal, Administrative, Clerical and Services Union (Victoria & Tasmanian Authorities & Services Branch) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 September 2019. The nominal expiry date of the Agreement is 1 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the Youth Affairs Council of Victoria (YACVic) to the Fair Work Commission (FWC) for approval of their Enterprise Agreement 2019. The dispute centred around the proposed terms and conditions for employees within the organisation, and the appropriate process for approving such agreements under the Fair Work Act 2009. The FWC was tasked with assessing whether the agreement met the requirements for direct approval and if it provided for fair and reasonable terms and conditions.

The legal issues before the FWC encompassed several key aspects. Firstly, it was necessary to determine whether the agreement was appropriately classified as a single interest employer agreement, considering the specific circumstances of YACVic. This classification would affect the scope of bargaining and the terms of the agreement. Secondly, the FWC had to examine whether the proposed terms and conditions of employment were fair and reasonable. This involved assessing if the agreement met the criteria set out in the Fair Work Act, particularly in relation to the provisions concerning pay rates, classification, and other employment terms. Additionally, the FWC had to consider the process by which the agreement was negotiated and whether it complied with the procedural requirements stipulated in the legislation.

In its decision, the FWC addressed these issues by first confirming that the Enterprise Agreement 2019 was indeed a single interest employer agreement. The commission acknowledged that YACVic was eligible to negotiate such an agreement given its specific operational context and employee profile. Regarding the terms and conditions, the FWC found that the proposed agreement provided for fair and reasonable terms, taking into account the specific needs and circumstances of YACVic and its employees. The commission detailed its reasoning in relation to various aspects of the agreement, including pay rates, classification, and other employment terms, concluding that they were balanced and met the statutory requirements. The FWC also satisfied itself that the agreement was negotiated in accordance with the prescribed processes and was therefore valid. As a result, the commission approved the agreement, enabling it to come into effect.

The final orders of the FWC approved the Youth Affairs Council Victoria (YACVic) Enterprise Agreement 2019, confirming its validity and applicability as a legally binding instrument. The FWC's decision ensured that the terms and conditions set out in the agreement would govern the employment relationship between YACVic and its employees, providing a framework for fair and reasonable employment practices within the organisation.

Youth Affairs Council of Victoria Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established