Pinnacle HR

[2016] FWCA 1497

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pinnacle HR Inc T/A Pinnacle HR

(AG2016/2301)

BETHSALEM CARE ADMINISTRATIVE EMPLOYEES ENTERPRISE

AGREEMENT 2016

Aged care industry

COMMISSIONER ROE

MELBOURNE, 9 MARCH 2016

Application for approval of the Bethsalem Care Administrative Employees Enterprise

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Bethsalem Care Administrative Employees 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 Inc T/A 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.
[2016] FWCA 1497

[4] The Agreement was approved on 9 March 2016 and, in accordance with s.54, will

operate from 16 March 2016. The nominal expiry date of the Agreement is 31 December

2016.

COMMISSIONER

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[2016] FWCA 1497

Annexure A

CaseChat Overview and Summary

The case involves an application for approval of the Bethsalem Care Administrative Employees Enterprise Agreement 2016 (the Agreement) between Pinnacle HR Inc T/A Pinnacle HR and its employees in the aged care industry. The application was made under section 185 of the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner Roe, was tasked with deciding whether to approve the agreement.

The primary legal issue before the Commission was whether the Agreement met all the necessary requirements for approval under the Fair Work Act 2009. This involved assessing whether the Agreement covered a fairly chosen group of employees, whether it complied with the provisions of sections 186, 187, 188, and 190 of the Act, and whether it would not cause financial detriment to any employee. Additionally, the Commission had to consider the written undertakings provided by the Applicant.

The Commission found that the Applicant had provided satisfactory written undertakings which ensured that the Agreement would not result in financial detriment to any employee and would not lead to substantial changes. The Commission was satisfied that the group of employees covered by the Agreement was fairly chosen, taking into account the factors outlined in section 186(3) and (3A) of the Act. Furthermore, it determined that all relevant requirements under sections 186, 187, 188, and 190 of the Act had been met. Consequently, the Commission approved the Agreement, subject to the provided undertakings.

The Bethsalem Care Administrative Employees Enterprise Agreement 2016 was approved and came into operation on 16 March 2016, with a nominal expiry date of 31 December 2016. The decision was made in accordance with section 54 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established