Pinarc Disability Support Inc T/A Pinarc Summary

[2023] FWCA 620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pinarc Disability Support Inc T/A Pinarc

(AG2023/355)

Pinarc Disability Support Preschool Field Officers and Educational Advisors Agreement 2022

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 24 FEBRUARY 2023

Application for approval of the Pinarc Disability Support Preschool Field Officers and Educational Advisors Agreement 2022

An application has been made for approval of an enterprise agreement known as the Pinarc Disability Support Preschool Field Officers and Educational Advisors 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 Pinarc Disability Support Inc T/A Pinarc. 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 Australian Education 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2023. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pinarc Disability Support Inc, trading as Pinarc, brought an application before the Fair Work Commission for approval of an enterprise agreement. The agreement in question was the Pinarc Disability Support Preschool Field Officers and Educational Advisors Agreement 2022. The dispute centred on whether the agreement contained lawful terms and conditions, and whether the agreement had been fairly negotiated and met the procedural requirements set out in the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement had been made with the requisite good faith bargaining, whether it contained only lawful provisions, and if the necessary procedural requirements for its approval had been met. The court was required to determine if Pinarc had acted in good faith during negotiations and if the agreement had been fairly negotiated, with a focus on whether there had been genuine efforts to reach an agreement.

The Fair Work Commission examined the evidence and submissions from both parties, focusing on the negotiation process, the content of the agreement, and compliance with the statutory requirements. The Commission found that Pinarc had engaged in good faith bargaining, had made genuine efforts to reach an agreement, and that the agreement contained lawful provisions. The court also determined that all procedural requirements for the approval of the agreement had been satisfied. Consequently, the Commission approved the agreement, finding it to be in compliance with the relevant statutory provisions.

The Pinarc Disability Support Preschool Field Officers and Educational Advisors Agreement 2022 was approved by the Fair Work Commission, which found that it met all the legal requirements for such agreements under the Fair Work Act 2009. This decision provided clarity and certainty for the parties involved and ensured that the agreement would be enforceable.

Pinarc Disability Support Inc T/A Pinarc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established