DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pinnacle HR Inc T/A Pinnacle HR
(AG2016/4627)

WAIKERIE COMMUNITY SENIOR CITIZENS HOME INC NURSING EMPLOYEES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 3 OCTOBER 2016

Application for approval of the Waikerie Community Senior Citizens Home Inc Nursing Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Waikerie Community Senior Citizens Home Inc Nursing 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 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.

[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 Agreement was approved on 3 October 2016 and, in accordance with s.54, will operate from 10 October 2016. The nominal expiry date of the Agreement is 3 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Pinnacle HR Inc trading as Pinnacle HR, an application was made to the Fair Work Commission for the approval of the Waikerie Community Senior Citizens Home Inc Nursing Employees Enterprise Agreement 2016. The application involved the agreement between the employer, Waikerie Community Senior Citizens Home Inc, and the employees represented by the applicant, Pinnacle HR. The nature of the dispute centred around the terms and conditions of employment for nursing staff within the senior citizens' home, and the application sought formal endorsement of the agreement by the Commission.

The legal issues before the court required careful examination of whether the agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement had been made in accordance with the relevant provisions of the Act, if it contained the necessary minimum terms and conditions, and if it had been appropriately certified by the Fair Work Commission. Additionally, the court considered whether the agreement was fair and reasonable, taking into account various factors including the bargaining power of the parties and the implications for the employees.

Upon reviewing the evidence and submissions presented, the Commission found that the agreement was validly made and certified. It met the statutory requirements and contained all necessary minimum terms and conditions. Furthermore, the agreement was deemed to be fair and reasonable, taking into account the specific circumstances of the workplace and the interests of the employees. Consequently, the Commission approved the Waikerie Community Senior Citizens Home Inc Nursing Employees Enterprise Agreement 2016, endorsing it as a legally binding instrument. This decision ensured that the terms of employment for the nursing staff would be governed by the agreed-upon conditions, providing clarity and stability for both the employer and employees involved.

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