DECISION

Fair Work Act 2009
s.185—Enterprise agreement

YSAS Pty Ltd
(AG2017/1819)

YSAS ENTERPRISE AGREEMENT 2016- 2019

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 14 JUNE 2017

Application for approval of the YSAS Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the YSAS Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by YSAS Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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.

[5] Subject to the Undertakings, 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.

[6] The Australian Nursing and Midwifery Federation and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of YSAS Pty Ltd, the Fair Work Commission was presented with an application for the approval of the YSAS Enterprise Agreement 2016 - 2019. The applicant, YSAS Pty Ltd, sought the Commission's approval of the agreement reached between the company and its employees, as per the Fair Work Act 2009. The nature of the dispute centred on whether the terms of the proposed agreement complied with the relevant statutory requirements and provisions for the approval of enterprise agreements.

The primary legal issues before the Commission involved the examination of specific terms and conditions set forth in the agreement, assessing whether they adhered to the minimum standards stipulated by the Fair Work Act 2009. This included verifying the proper process of consultation and negotiation between the employer and the employees' representatives, as well as the terms' compliance with the "better off overall test." The Commission also considered whether the agreement provided adequate protections for employee rights and entitlements.

The Commission found that the proposed agreement met the necessary statutory requirements for approval. It determined that the agreement had been negotiated in good faith and that the process complied with the procedural fairness principles. The Commission was satisfied that the agreement contained terms and conditions that were not less favourable than the applicable awards or the general industrial relations system. Furthermore, it was determined that the agreement was likely to be better off overall for the employees, taking into account the totality of the terms and conditions. Consequently, the Fair Work Commission approved the YSAS Enterprise Agreement 2016 - 2019.

The Fair Work Commission's decision was to approve the YSAS Enterprise Agreement 2016 - 2019, with the terms and conditions outlined in the agreement coming into effect as of the date of the Commission's approval. This decision provided clarity and certainty to both the employer and the employees regarding the terms of their employment and the framework within which their working relationship would be governed for the duration of the agreement.

YSAS Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established