HelpingMinds Limited Summary

[2022] FWCA 1555

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

HelpingMinds Limited

(AG2022/1161)

HelpingMinds Staff Agreement 2022

Social, community, home care and disability services
COMMISSIONER WILSON	MELBOURNE, 10 MAY 2022

Application for approval of the HelpingMinds Staff Agreement 2022

An application has been made for approval of an enterprise agreement known as the HelpingMinds Staff Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HelpingMinds Limited. 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 Australian Municipal, Administrative, Clerical and Services Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2022. The nominal expiry date of the Agreement is 10 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court, the applicant, HelpingMinds Limited, applied for approval of the HelpingMinds Staff Agreement 2022, which was intended to cover a range of employment terms and conditions for its employees. The respondents, represented by the Australian Services Union (ASU), contested the application on various grounds, primarily asserting that the proposed agreement did not meet the statutory requirements under the Fair Work Act 2009. The court was required to determine whether the agreement complied with the necessary legislative provisions to warrant its approval.

The court considered several legal issues, including whether the agreement adequately addressed minimum entitlements, whether it complied with the requirements for a fair and independent process, and if it contained all necessary terms as mandated by the Fair Work Act. The court had to scrutinise the procedural fairness of the agreement formation process and whether it met the standard of "better off overall" for the employees. The court also examined the specific provisions of the agreement to ensure they aligned with statutory minimum standards.

After a thorough examination, the court found that the agreement largely complied with the statutory requirements. The court determined that the agreement provided for minimum entitlements and was formed through a fair and independent process. The court was satisfied that the agreement met the "better off overall" test for the employees. Consequently, the court approved the HelpingMinds Staff Agreement 2022, subject to minor amendments to address the identified deficiencies. The final orders included approval of the agreement with the specified amendments.

HelpingMinds Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established