DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Helping Hand Aged Care Incorporated T/A Helping Hand
(AG2016/633)

HELPING HAND AGED CARE INC HEALTH PROFESSIONAL COLLECTIVE WORKPLACE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 18 APRIL 2016

Application for approval of the Helping Hand Aged Care Inc Health Professional Collective Workplace Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Helping Hand Aged Care Inc Health Professional Collective Workplace Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Helping Hand Aged Care Incorporated T/A Helping Hand. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2016. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Helping Hand Aged Care Incorporated T/A Helping Hand sought approval of its Health Professional Collective Workplace Agreement 2016. The application was made to the Fair Work Commission. The dispute involved the terms and conditions of employment for health professionals within the organisation, focusing on whether the proposed agreement met the statutory requirements for approval.

The central legal issues before the Commission were whether the agreement was genuinely a collective agreement, whether it contained only matters that could be the subject of a workplace agreement, and if it met the "better off overall test" as required under the Fair Work Act 2009. The Commission had to assess the validity of the agreement and ensure it complied with the legislative standards for workplace agreements.

The Fair Work Commission found that the agreement was genuinely a collective agreement and contained only matters that could be the subject of a workplace agreement. It also determined that the agreement met the better off overall test. The Commission approved the Helping Hand Aged Care Incorporated Health Professional Collective Workplace Agreement 2016, finding that it provided a fair balance of rights and obligations for the employees and the employer. The decision was based on the evidence presented, including the benefits to employees, such as improved working conditions and increased job security, which outweighed any potential detriments.

The Fair Work Commission approved the Helping Hand Aged Care Incorporated Health Professional Collective Workplace Agreement 2016. This decision confirmed the agreement's compliance with the statutory requirements and its potential benefits to the health professionals employed by the organisation.

Helping Hand Aged Care Incorporated T/A Helping Hand

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established