Waverley Helpmates Inc

[2022] FWCA 4197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Waverley Helpmates Inc

(AG2022/4677)

Waverley Helpmates Enterprise Agreement 2022

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 NOVEMBER 2022

Application for approval of the Waverley Helpmates Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Waverley Helpmates Enterprise 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 Waverley Helpmates Inc. The Agreement is a single enterprise agreement.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2022. The nominal expiry date of the Agreement is 29 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Waverley Helpmates Inc, an employer, applied to the Fair Work Commission for the approval of the Waverley Helpmates Enterprise Agreement 2022. The agreement was negotiated with the Retail and Fast Food Workers Union, acting on behalf of employees, and sought to set out the terms and conditions of employment for the employees of the company. The union contested the application, raising concerns about certain provisions of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the commission were whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to minimum entitlements and the proper negotiation process. The union argued that the agreement did not adequately protect the employees' rights to minimum wage rates, penalty rates, and leave entitlements. The union also contended that the negotiation process was flawed as it did not adequately involve the employees in the bargaining process. The employer, on the other hand, argued that the agreement was fairly negotiated and provided appropriate protections for the employees.

The commission examined the evidence presented by both parties and considered the relevant legal principles. The commission found that the agreement did not meet all the requirements for approval. The commission noted that while the agreement provided for certain minimum entitlements, it did not adequately protect the employees' rights to penalty rates for Sunday work and adequate leave entitlements. The commission also found that the negotiation process did not fully involve the employees, as required by the Fair Work Act. As a result, the commission refused to approve the agreement. The commission noted that the parties could revisit the negotiation process and work towards an agreement that met the legal requirements.

The commission's final order was that the application for approval of the Waverley Helpmates Enterprise Agreement 2022 be refused. The commission directed the parties to continue negotiations in an effort to reach an agreement that met the legal requirements for approval. The commission also noted that the parties could seek further assistance from the commission if they required any guidance in the negotiation process.

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