DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Youth Express Association Inc.
(AG2021/5579)

YOUTH EXPRESS ASSOCIATION INC ENTERPRISE AGREEMENT 2021

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 JUNE 2021

Application for approval of the Youth Express Association Inc Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Youth Express Association Inc Enterprise Agreement 2021 (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 Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 July 2021. The nominal expiry date of the Agreement is 29 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Youth Express Association Inc. brought an application to the Fair Work Commission seeking approval of the Youth Express Association Inc Enterprise Agreement 2021. The applicant is an employer association representing employers engaged in the youth services sector. The dispute concerns the terms and conditions of employment for employees within this sector. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issue before the Commission was whether the terms of the proposed agreement were fair and reasonable in all respects, in line with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement met the "better off overall test" and did not include any terms that were unfair within the meaning of the Act. The Commission also had to consider the balance of the agreement in terms of pay and conditions, and whether it would provide genuine protection against exploitative practices.

In delivering its decision, the Fair Work Commission found that the Youth Express Association Inc Enterprise Agreement 2021 met the criteria for approval. The Commission noted that the agreement was the result of genuine bargaining between the parties and contained provisions that were fair and reasonable. The Commission was satisfied that the agreement provided adequate protection for employees, including provisions for minimum wages, leave entitlements, and other working conditions. It was also found that the agreement did not contain any terms that would be considered unfair under the Act.

The Commission approved the agreement, subject to the terms and conditions set out in the decision. The approval of the agreement ensures that employees within the youth services sector will have fair and reasonable terms and conditions of employment, as set out in the agreement.

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