Pinnacle HR Inc T/A Pinnacle HR
[2016] FWCA 1670
•18 MARCH 2016
| [2016] FWCA 1670 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Pinnacle HR Inc T/A Pinnacle HR
(AG2016/2503)
BETHSALEM CARE NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2015
Health and welfare services | |
COMMISSIONER ROE | SYDNEY, 18 MARCH 2016 |
Application for approval of the Bethsalem Care Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the Bethsalem Care Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2015 (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.
[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 18 March 2016 and, in accordance with s.54, will operate from 25 March 2016. The nominal expiry date of the Agreement is 31 December 2017.
COMMISSIONER
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Price code J, AE418236 PR578068
Annexure A
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