DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pinnacle HR Inc T/A Pinnacle HR
(AG2016/7743)

GOEL NOMINEES NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 22 MARCH 2017

Application for approval of the Goel Nominees Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016.

[1] On 14 December 2016, Pinnacle HR Inc T/A Pinnacle HR (Applicant) made an application for approval of the Goel Nominees Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Nursing and Midwifery Federation has not indicated any objection to the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 29 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Pinnacle HR Inc, trading as Pinnacle HR, sought approval for the Goel Nominees Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016 from the Fair Work Commission. The dispute centred on the terms and conditions of employment within the aged care sector and the procedural fairness in the negotiation and approval process of the enterprise agreement. The matter was heard by Commissioner Kelly, who was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court had to address several legal issues, including whether the agreement was genuinely negotiated and whether it met the criteria for procedural fairness as required by the Fair Work Act. Additionally, the court examined whether the terms of the agreement were consistent with the public interest and whether the negotiation process was free from coercion or undue influence. The fairness of the agreement in terms of its impact on employees and the employer was also considered.

Commissioner Kelly found that the agreement had been genuinely negotiated and met all statutory requirements for approval. The negotiation process was deemed fair and transparent, and the terms of the agreement were consistent with the public interest. The agreement was also considered to be fair and reasonable in its impact on both employees and the employer. The court concluded that there were no procedural defects that would warrant refusal of approval. The application for the agreement’s approval was therefore granted.

The final orders included the approval of the Goel Nominees Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2016, with specific terms and conditions as outlined in the agreement. The court mandated that the agreement would come into effect from the date of the decision, ensuring that the parties were bound by the terms set forth.

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