DECISION

Fair Work Act 2009
s.210—Enterprise agreement

YWCA Canberra
(AG2021/4866)

YWCA CANBERRA ENTERPRISE AGREEMENT 2018-2021

Children’s services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 JULY 2021

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

[1] An application has been made for approval of a variation to the YWCA Canberra Enterprise Agreement 2018-2021 (the Agreement). The application was made by YWCA Canberra pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of the Act had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 27 August 2019. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 13 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Christian Community for Social Action (YWCA) sought a variation to the YWCA Canberra Enterprise Agreement 2018-2021 to address the impact of the COVID-19 pandemic on its employees. The application aimed to alter the classification and remuneration of employees to reflect the changed nature of work, including remote work arrangements, and to address financial difficulties faced by the organisation. The Commission was tasked with determining whether the proposed changes were reasonable and necessary in light of the pandemic's effects.

The central legal issues before the Commission were whether the proposed changes were procedurally and substantively justified. Procedurally, the Commission needed to ensure that the application was made in accordance with the relevant provisions of the Fair Work Act 2009. Substantively, the Commission had to consider whether the changes were necessary to address the financial and operational impacts of the pandemic on the organisation, and whether they were fair and reasonable in the circumstances. The Commission also needed to consider the implications of the changes for the employees affected, including whether the changes were likely to result in a detrimental impact on their terms and conditions of employment.

The Commission found that the proposed changes were both procedurally and substantively justified. It held that the application was made in accordance with the relevant provisions of the Act and that the financial and operational impacts of the pandemic on the organisation were significant and warranted a variation to the enterprise agreement. The Commission also found that the proposed changes were reasonable and necessary to address these impacts, and that they were unlikely to have a detrimental impact on the employees affected. The Commission approved the variation, noting that the changes were designed to ensure the financial sustainability of the organisation and to protect the jobs of its employees during a period of significant economic uncertainty. The Commission also noted that the changes were temporary and would be reviewed in the event that the financial and operational impacts of the pandemic were to change.

The Commission's decision resulted in a variation to the enterprise agreement that included changes to the classification and remuneration of employees, as well as changes to the conditions of employment to reflect the changed nature of work. The variation was backdated to the commencement of the pandemic and was to remain in effect until such time as the Commission determined otherwise. The decision provided much-needed relief to the organisation and its employees, and ensured that the organisation could continue to provide essential services to the community during a period of significant economic uncertainty.

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