DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Youth Express Association Inc.
(AG2015/6178)

YOUTH EXPRESS ASSOCIATION INC ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Youth Express Association Inc Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Youth Express Association Inc Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Youth Express Association Incorporated. The agreement is a single-enterprise agreement.

[2] An undertaking has been given to replace clause 5.2 with the model consultation clause and to add sub clause (h) to existing clause 5.4. This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2015. The nominal expiry date of the Agreement is 16 December 2019.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves the Youth Express Association Inc. and concerns an application for the approval of their Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues at the heart of this case centred on whether the Enterprise Agreement 2015 adhered to the requirements for fair and equitable terms of employment, ensuring that it was not detrimental to the employees' overall conditions. Specifically, the Commission had to consider whether the agreement was free from any unfair content, whether it met the procedural fairness requirements, and whether it provided adequate protections for employees.

The Fair Work Commission examined the agreement in detail, considering the bargaining processes, the fairness of the terms, and the potential impact on employees. It found that the agreement was the result of genuine bargaining and was not disadvantageous to the employees. The Commission highlighted that the agreement provided for fair and reasonable terms, ensuring that it met the statutory requirements for approval. The Commission concluded that the agreement did not contain any unfair content and was procedurally fair, ultimately ruling that the agreement was fit for approval.

As a result, the Fair Work Commission approved the Youth Express Association Inc. Enterprise Agreement 2015, finding it to be fair and reasonable in all respects. The agreement is now legally binding on the parties involved, providing a framework for the terms and conditions of employment for the employees of the Youth Express Association Inc.

Youth Express Association Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established