DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pinnacle HR Inc T/A Pinnacle HR
(AG2016/7811)

JALLARAH HOMES INC AGED CARE EMPLOYEES & UNITED VOICE ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 24 FEBRUARY 2017

Application for approval of the Jallarah Homes Inc Aged Care Employees & United Voice Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Jallarah Homes Inc Aged Care Employees & United Voice 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] 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.

[3] The United Voice 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Pinnacle HR Inc trading as Pinnacle HR, sought approval of an enterprise agreement with its employees represented by Jallarah Homes Inc Aged Care Employees and United Voice Enterprise Agreement 2016. The agreement sought to regulate employment conditions for a variety of roles within the aged care sector. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement satisfied the requirements for registration under section 234 of the Fair Work Act. Specifically, the court needed to determine if the agreement had been fairly negotiated and if it complied with the good faith bargaining obligations. Additionally, the court considered whether the agreement met the procedural requirements, such as the provision of relevant information to the employees and the timing of the agreement's submission. The court also examined whether the agreement contained mandatory terms that were consistent with the national employment standards.

The Fair Work Commission, in reviewing the application, found that the agreement was fairly negotiated and met the good faith bargaining requirements. The commission noted that the agreement provided comprehensive coverage of the employees' working conditions and adhered to the national employment standards. The commission also confirmed that the procedural requirements were met, as evidenced by the timely submission of the agreement and the provision of necessary information to the employees. As a result, the commission approved the agreement, determining that it was in compliance with all necessary legal standards. The commission's decision was based on a thorough analysis of the evidence presented and the legal framework governing enterprise agreements.

Pinnacle HR Inc T/A 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