DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pinarc Disability Support Inc T/A Pinarc
(AG2021/5062)

PINARC DISABILITY SUPPORT (ALLIED HEALTH STAFF) AGREEMENT 2020

Social, community, home care and disability services
COMMISSIONER WILSON	MELBOURNE, 24 MAY 2021

Application for approval of the Pinarc Disability Support (Allied Health Staff) Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Pinarc Disability Support (Allied Health Staff) Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pinarc Disability Support Inc T/A Pinarc. 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. The undertakings are taken to be a term of 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] The Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2021. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pinarc Disability Support Inc T/A Pinarc applied to the Fair Work Commission for approval of the Pinarc Disability Support (Allied Health Staff) Agreement 2020. The applicant argued that the agreement was necessary to improve working conditions and benefits for allied health staff. The Fair Work Union opposed the application, claiming that the agreement did not provide adequate protections for employees. The Commission was required to determine whether the agreement was in the public interest and whether it met the necessary standards under the Fair Work Act 2009.

The Commission examined the agreement's provisions and considered submissions from both parties. It assessed whether the agreement provided for fair and reasonable terms and conditions, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also evaluated whether the agreement promoted better working conditions and supported the rights of allied health staff. The Commission found that the agreement provided for fair and reasonable terms and conditions and promoted better working conditions for allied health staff. It concluded that the agreement was in the public interest and met the necessary standards under the Act.

Accordingly, the Commission approved the Pinarc Disability Support (Allied Health Staff) Agreement 2020. The agreement now provides the basis for the terms and conditions of employment for allied health staff employed by the applicant. The Commission's decision provides clarity and certainty for both the applicant and its employees regarding their rights and obligations under the agreement.

Pinarc Disability Support Inc T/A Pinarc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established