DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pinnacle HR
(AG2016/3564)

STAR OF THE SEA HOME FOR THE AGED NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER ROE	MELBOURNE, 3 AUGUST 2016

Application for approval of the Star of the Sea Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Star of the Sea Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pinnacle HR. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation 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 was approved on 3 August 2016 and, in accordance with s.54, will operate from 10 August 2016. The nominal expiry date of the Agreement is 2 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Pinnacle HR, the applicant sought approval of the Star of the Sea Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016. The matter was heard in the Fair Work Commission (FWC), the body responsible for regulating and approving enterprise agreements in Australia. The dispute centred around the terms and conditions of the proposed agreement, which was to govern the employment of nursing staff at the Star of the Sea Home for the Aged.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including the need to ensure that it provided for fair and reasonable terms and conditions of employment. The Commission needed to consider if the agreement included minimum wage rates and conditions, provisions for dispute resolution, and other relevant matters stipulated by the Act. Additionally, the Commission had to assess if the agreement was made in good faith and if the necessary procedural requirements were met.

After examining the evidence and submissions, the Commission found that the proposed enterprise agreement met the legal requirements set out in the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that the necessary procedural requirements were met. The Commission approved the Star of the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016, allowing it to take effect from the date of the decision.

The Commission's decision was based on its determination that the proposed agreement provided for fair and reasonable terms and conditions of employment, as well as its satisfaction that the necessary procedural requirements were met. The approval of the agreement ensures that the nursing staff at the Star of the Sea Home for the Aged will be governed by a fair and legally compliant employment contract.

Pinnacle HR

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established