DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pinnacle HR Inc T/A Pinnacle HR
(AG2016/2109)

FULLARTON LUTHERAN HOMES INC NURSING EMPLOYEES & ANMF (AGED CARE) ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 MARCH 2016

Application for approval of the Fullarton Lutheran Homes Inc Nursing Employees & ANMF (Aged Care) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fullarton Lutheran Homes Inc Nursing Employees & ANMF (Aged Care) 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] 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 8 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Price code J, AE418158 PR577797

Annexure A

CaseChat Overview and Summary

The matter involved an application by Pinnacle HR Inc, trading as Pinnacle HR, for the approval of an enterprise agreement, the Fullarton Lutheran Homes Inc Nursing Employees & ANMF (Aged Care) Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which was asked to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement was genuinely an enterprise agreement, whether it had been negotiated in good faith, and whether it met the criteria for approval as outlined in the Fair Work Act. Specifically, the Commission had to consider whether the agreement had been made with appropriate employee and employer representatives, whether it contained the necessary terms, and whether it complied with the provisions of the Act that govern the content and form of enterprise agreements.

The Fair Work Commission determined that the agreement was genuinely an enterprise agreement, having been negotiated in good faith and made with appropriate representatives. The Commission found that the agreement met all statutory requirements and contained the necessary terms. It was concluded that the agreement was not inconsistent with any federal safety net award or registered agreement and that it complied with all relevant provisions of the Fair Work Act. Consequently, the Commission approved the agreement. The decision was based on the evidence presented and the application of relevant legislation.

The final orders included the approval of the Fullarton Lutheran Homes Inc Nursing Employees & ANMF (Aged Care) Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, ensuring it would have legal effect and be enforceable under the Fair Work Act.

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