austlii:cth/FWCA/2025/1480
General information, not legal advice.
FWCA
2025-05-05
Original judgment source is linked above.
s.210 - Application for approval of a variation of an enterprise agreement
Young Mens Christian Association Of Whittlesea Incorporated Trading As The Y Whittlesea Inc
Social, community, home care and disability services
Application for variation of the Y Whittlesea Enterprise Agreement 2024
[1] An application has been made for approval of a variation to the Y Whittlesea Enterprise Agreement 2024 (the Agreement). The application was made by Young Mens Christian Association Of Whittlesea Incorporated Trading As The Y Whittlesea Inc pursuant to s.210 of the Fair Work Act 2009 (Cth) (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 are attached at Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. 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 declaration, I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.
[5] I note that the variation incorporates into its varied clauses the undertakings previously provided by the Applicant and accepted by the Commission when the Agreement was approved on 29 July 2024. Accordingly, I am satisfied the previous undertakings are not required to 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 5 May 2025.
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