DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jewish Care (Victoria) Inc. T/A Jewish Care
(AG2015/5551)

JEWISH CARE (VICTORIA) INC. - SOCIAL, COMMUNITY, HOME CARE, DISABILITY, HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2014 - 2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 21 OCTOBER 2015

Application for approval of the Jewish Care (Victoria) Inc. - Social, Community, Home Care, Disability, Health Professionals and Support Services Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Jewish Care (Victoria) Inc. - Social, Community, Home Care, Disability, Health Professionals and Support Services Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jewish Care (Victoria) Inc. t/a Jewish Care. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union and the Health Services Union of Australia 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) and based on the statutory declaration provided by each organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jewish Care (Victoria) Inc., trading as Jewish Care, applied to the Fair Work Commission for approval of the Social, Community, Home Care, Disability, Health Professionals and Support Services Enterprise Agreement 2014-2017. The dispute arose from negotiations between Jewish Care and the relevant union, which led to the drafting of the agreement, encompassing various terms and conditions of employment for workers within the specified industries. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval and whether it complied with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith and whether it contained the necessary minimum terms as stipulated by the Fair Work Act 2009. Additionally, the Commission needed to assess whether the agreement was fair and reasonable, considering the potential impact on employees and the employer. The parties presented arguments on whether the agreement appropriately balanced the interests of both employers and employees, particularly in light of the unique characteristics and requirements of the industries involved.

In rendering its decision, the Commission found that the agreement was made in good faith and contained all the required minimum terms. The Commission was satisfied that the agreement was fair and reasonable, taking into account the specific circumstances of the industries and the needs of both employers and employees. The Commission approved the agreement, acknowledging the efforts of both parties to reach a consensus that adequately addressed the interests of all stakeholders. As a result, the Social, Community, Home Care, Disability, Health Professionals and Support Services Enterprise Agreement 2014-2017 was approved and will govern the employment conditions for the specified period.

Jewish Care (Victoria) Inc. T/A Jewish Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established