DECISION

Fair Work Act 2009
s.185—Enterprise agreement

YWCA Canberra
(AG2018/7126)

YWCA CANBERRA ENTERPRISE AGREEMENT 2018-2021

Children’s services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 27 AUGUST 2019

Application for approval of the YWCA Canberra Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the YWCA Canberra Enterprise Agreement 2018-2021 (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 Australian Services Union NSW & ACT (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 United Voice ACT 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.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the YWCA Canberra Enterprise Agreement 2018-2021. The application was made by the YWCA Canberra, an employer, with the Australian Services Union as the representative for the employees. The dispute centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The key legal issues that the court needed to decide were whether the agreement contained the minimum entitlements required by the Fair Work Act, including the minimum wages, penalty rates, and other conditions. The court also had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, and whether it was made in good faith and without coercion.

The court found that the agreement complied with the minimum entitlements required by the Fair Work Act. The court also found that the agreement was consistent with the Fair Work (Registered Organisations) Act, and that it was made in good faith and without coercion. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was an outcome of genuine and meaningful negotiations between the parties. The court approved the agreement and it came into effect from the date of the decision.

The final orders of the court were that the YWCA Canberra Enterprise Agreement 2018-2021 be approved and registered with the Fair Work Commission, and that it be deemed to have effect from the date of the decision. The agreement was to apply to all employees who were covered by the agreement, and it was to remain in force until it was varied or terminated in accordance with its terms or by operation of law.

YWCA Canberra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established