DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mental Health Carers Arafmi (WA) Inc. t/a HelpingMinds
(AG2016/1094)

HELPINGMINDS STAFF AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	MELBOURNE, 16 JUNE 2016

Application for approval of the HelpingMinds Staff Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the HelpingMinds Staff 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 Mental Health Carers Arafmi (WA) Inc. t/a HelpingMinds. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2016. The nominal expiry date of the Agreement is 15 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mental Health Carers Arafmi (WA) Inc. t/a HelpingMinds, represented by its Chief Executive Officer, brought an application before the Federal Circuit and Family Court of Australia to seek approval of the HelpingMinds Staff Agreement 2016. The application was made under the Fair Work Act 2009, which governs the approval of certain agreements by the Court. The dispute arose from the need to secure the terms and conditions of employment for the staff of HelpingMinds, an organisation providing support services to individuals with mental health issues.

The court was required to determine whether the HelpingMinds Staff Agreement 2016 met the statutory requirements for approval under the Fair Work Act. Specifically, the court had to assess whether the agreement was in the public interest and whether it provided fair and reasonable terms and conditions of employment. The application was contested by the Australian Council of Trade Unions (ACTU), which raised concerns about certain provisions in the agreement.

In delivering its judgment, the court considered the statutory criteria outlined in the Fair Work Act, focusing on the public interest and the fairness of the terms. The court found that the agreement, overall, served the public interest by ensuring that HelpingMinds could continue to provide essential services to the community. The court also concluded that the terms and conditions of employment provided by the agreement were fair and reasonable, taking into account the unique circumstances of the organisation and its staff. The court approved the HelpingMinds Staff Agreement 2016, thereby resolving the dispute.

The final orders of the court were that the HelpingMinds Staff Agreement 2016 be approved under section 234 of the Fair Work Act. The approval ensures that the agreement will apply as a registered agreement, governing the terms and conditions of employment for the staff of HelpingMinds. The decision allows the organisation to maintain its operations and continue to provide critical services to those in need.

Mental Health Carers Arafmi (WA) Inc. t/a HelpingMinds

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established