PINNACLE HR PTY LTD

[2019] FWCA 4035

[2019] FWCA 4035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreementp

PINNACLE HR PTY LTD
(AG2019/262)

WHEATFIELDS INC AGED CARE SECTOR EMPLOYEES, UNITED VOICE & ANMF ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 JUNE 2019

Application for approval of the Wheatfields Inc Aged Care Sector Employees, United Voice & ANMF Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wheatfields Inc Aged Care Sector Employees, United Voice & ANMF Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by PINNACLE HR PTY LTD. The Agreement is a single enterprise agreement.

[2] The employer, Wheatfields Inc, 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, 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting Clause 2.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

•  Clause 4.6.10 of the Agreement, which states that where an employee is made redundant from their existing job, but is redeployed to a comparable position, the redundancy pay provisions under Clause 4.6.2 of the Agreement will not apply; and

•  Clauses 7.4.2(a)(ii), 7.4.4(b), 7.4.5(c), and 7.4.7(a)(i) of the Agreement, which do not capture “injury” affecting employees’ family or household members as part of the entitlement to unpaid personal/carer’s leave.

[5] The Australian Nursing and Midwifery Federation, and United Voice, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 28 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503863  PR709222>

Annexure A