Youth Express Association Incorporated

[2025] FWCA 3273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Youth Express Association Incorporated

(AG2025/2976)

YOUTH EXPRESS ASSOCIATION INC ENTERPRISE AGREEMENT 2025

Industries not otherwise assigned
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 SEPTEMBER 2025

Application for approval of the Youth Express Association Inc. Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Youth Express Association Inc. Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 205A(1) of the Act provides that an enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates’ rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates’ rights term contained in the Labour Market Assistance Industry Award 2020 is taken to be a term of the Agreement.

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.

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.

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

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 October 2025. The nominal expiry date of the Agreement is 25 September 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Youth Express Association Incorporated is the applicant seeking approval for their proposed Enterprise Agreement 2025. The agreement outlines terms and conditions for employees and was submitted to the Fair Work Commission for approval. The legal issues before the Commission pertained to whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it promoted simplification, flexibility, and productivity, and ensured employees were treated fairly and equitably. Additionally, the Commission needed to assess whether the agreement was genuinely negotiated and whether it complied with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the proposed agreement complied with the statutory requirements. The Commission considered that the agreement facilitated simplification and flexibility, contributing positively to workplace relations. The agreement was genuinely negotiated, meeting the criteria of independent bargaining. Moreover, the Commission was satisfied that the agreement ensured fair and equitable treatment of employees and did not undermine the right to freedom of association or the right to bargain collectively. The Commission also noted that the agreement adequately addressed productivity and efficiency within the organisation.

Based on its findings, the Commission approved the Enterprise Agreement 2025 for Youth Express Association Incorporated. The decision underscored the importance of adhering to statutory requirements and ensuring that the terms of the agreement supported fair and productive workplace relations. The Commission’s approval indicates that the agreement is fit for purpose and meets the legislative standards set out in the Fair Work Act 2009. The final orders reflect the Commission’s approval and outline the effective date of the agreement, which will govern the employment conditions of the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established