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

Printed by authority of the Commonwealth Government Printer

Price code J, AE418236 PR578068

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Pinnacle HR Inc, trading as Pinnacle HR, and the employees of Bethsalem Care Nursing. The dispute centred on the application for the approval of the Bethsalem Care Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2015. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the parties, whether it provided for the mandatory bargaining items, and whether it complied with the good faith bargaining provisions. Furthermore, the Commission had to consider if the agreement was in the best interests of the employees and whether it adhered to the provisions of the Fair Work Act.

The Commission examined the evidence provided and found that the agreement was a genuine product of free collective bargaining. It was determined that all mandatory bargaining items were covered in the agreement and that the bargaining process was conducted in good faith. The Commission concluded that the agreement was in the best interests of the employees, considering their specific needs and the context of aged care services. Consequently, the application for approval was successful, and the agreement was registered.

The Fair Work Commission approved the Bethsalem Care Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2015, setting a precedent for similar agreements in the aged care sector. This decision underscores the importance of genuine collective bargaining, adherence to mandatory items, and the consideration of employees' best interests in 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