DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mentis Assist Limited T/A Mentis Assist
(AG2017/5569)

MENTIS ASSIST ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 2 MARCH 2018

Application for approval of the Mentis Assist Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mentis Assist Enterprise Agreement 2018. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mentis Assist Limited T/A Mentis Assist. 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 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves Mentis Assist Limited, trading as Mentis Assist, which applied for the Fair Work Commission’s (FWC) approval of the Mentis Assist Enterprise Agreement 2018. The dispute was brought before the Fair Work Commission, a federal workplace relations tribunal. The applicants sought to have the agreement, which outlines the terms and conditions of employment for their employees, formally recognised and approved.

The central legal issues before the Commission were whether the agreement was genuinely an enterprise agreement as defined under the Fair Work Act 2009 and whether it had been properly certified by the Australian Bureau of Statistics (ABS) as covering at least 90% of the relevant employees. The Commission also had to determine if the agreement met the requirements for approval, including the need for it to provide for a safety net of minimum wages and conditions. The applicants argued that the agreement was comprehensive, covering all relevant employees and providing fair terms, while no objections were raised by the relevant employee representatives.

The Commission examined the application and the associated documentation, including the certification provided by the ABS. It found that the agreement was indeed an enterprise agreement and had been appropriately certified as covering the required proportion of employees. The Commission confirmed that the agreement included provisions that met or exceeded the minimum safety net standards set by the Fair Work Act. Consequently, the Commission approved the application, determining that the agreement was fair and appropriate for the employees it covered.

The Fair Work Commission approved the Mentis Assist Enterprise Agreement 2018, recognising it as a genuine enterprise agreement that adequately covered the employees and provided for their fair terms and conditions of employment. The Commission’s decision was based on its findings that the agreement was comprehensive and met all statutory requirements for approval.

Mentis Assist Limited T/A Mentis Assist

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established