DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waverley Helpmates Inc
(AG2018/1021)

WAVERLEY HELPMATES ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 AUGUST 2018

Application for approval of the Waverley Helpmates Enterprise Agreement 2018

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

[2] 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.

[3] 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2018. The nominal expiry date of the Agreement is 23 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Waverley Helpmates Inc brought an application to the Fair Work Commission seeking approval of the Waverley Helpmates Enterprise Agreement 2018. The applicant is a not-for-profit community service organisation that provides a range of services to the local community. The respondents are the employees of the organisation who are represented by the Health Services Union. The dispute concerned whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The main legal issue before the Commission was whether the agreement provided for the "better off overall test" (BOOT) as required by section 173 of the Fair Work Act. The Commission had to determine if the proposed agreement provided employees with terms and conditions that were not less favourable than the applicable award or safety net. The Commission also had to consider whether the agreement met the requirements of section 234 of the Fair Work Act, which requires that the agreement be in writing and signed by a majority of the employees.

The Commission found that the agreement satisfied the BOOT as it provided for wages and conditions that were not less favourable than the applicable award or safety net. The Commission also found that the agreement met the requirements of section 234 of the Fair Work Act, as it was in writing and signed by a majority of the employees. The Commission approved the agreement, noting that it provided for a number of benefits for employees, including wage increases, improved leave entitlements, and better shift penalties.

The Fair Work Commission approved the Waverley Helpmates Enterprise Agreement 2018, subject to certain conditions. The Commission noted that the agreement provided for a number of benefits for employees and that it met the statutory requirements for approval. The Commission also noted that the agreement was the result of good faith bargaining between the parties and that it provided for a fair and reasonable outcome for both employees and the employer.

Waverley Helpmates Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established