headspace National Youth Mental Health Foundation Ltd Summary

[2023] FWCA 2957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

headspace National Youth Mental Health Foundation Ltd

(AG2023/2983)

HEADSPACE ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 13 SEPTEMBER 2023

Application for approval of the headspace Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the headspace Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by headspace National Youth Mental Health Foundation Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Subject to the undertakings referred to above, 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.

The Health Services Union, 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 want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2023. The nominal expiry date of the Agreement is 13 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, headspace National Youth Mental Health Foundation Ltd, sought approval of the headspace Enterprise Agreement 2023 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for staff under the proposed agreement. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and if it was in the best interests of the employees.

The legal issues before the Commission were whether the proposed agreement adequately covered minimum entitlements, provided procedural fairness to employees, and balanced the interests of both employers and employees. Specific concerns included the classification of roles, provisions for parental leave, and the overall fairness of the terms negotiated between the parties.

The Commission found that the agreement provided for minimum entitlements as required by the Fair Work Act 2009 and ensured procedural fairness to employees. The Commission also considered the context of the agreement within the youth mental health sector and found that it balanced the interests of both parties appropriately. The Commission was satisfied that the agreement was fair and reasonable and approved it accordingly.

The Commission's approval of the headspace Enterprise Agreement 2023 means that the terms and conditions outlined in the agreement are now binding on both the employer and the employees. The agreement will govern employment relations under the specified conditions until it is either superseded by a new agreement or terminated in accordance with the Fair Work Act 2009.

headspace National Youth Mental Health Foundation Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established