DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pinnacle HR Pty Ltd
(AG2019/153)

STAR OF THE SEA HOME FOR THE AGED NURSING EMPLOYEES (AGED CARE) & ANMF ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER LEE	SYDNEY, 15 APRIL 2019

Application for approval of the Star of the Sea Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Star of the Sea Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2018 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Pinnacle HR Pty Ltd as the applicant, seeking approval for the Star of the Sea Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2018. The dispute centred on whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal.

The central legal issues revolved around the enforceability of the enterprise agreement under the Fair Work Act. Specifically, the court needed to determine if the agreement met the procedural requirements for approval, such as whether it was made in good faith and whether it contained the necessary minimum terms and conditions. Another issue was whether the agreement complied with the provisions concerning employee representation and dispute resolution mechanisms.

The Fair Work Commission carefully reviewed the evidence presented and the provisions of the Fair Work Act. It found that the agreement had been made in good faith and contained all the minimum terms and conditions required by the Act. The Commission also concluded that the agreement was fair and reasonable and complied with the requirements for employee representation and dispute resolution. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Star of the Sea Home for the Aged Nursing Employees (Aged Care) & ANMF Enterprise Agreement 2018 be approved in accordance with section 187 of the Fair Work Act 2009. The agreement was to be registered with the Fair Work Ombudsman, and it would come into effect on the date of registration.

Pinnacle HR Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established