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

[2014] FWCA 2845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jewish Care (Victoria) Inc. T/A Jewish Care
(AG2014/598)

JEWISH CARE (VICTORIA) INC NURSES AND HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2013-2017

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 1 MAY 2014

Application for approval of the Jewish Care (Victoria) Inc Nurses and Health and Allied Services Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Jewish Care (Victoria) Inc Nurses and Health and Allied Services Enterprise Agreement 2013-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Jewish Care (Victoria) Inc. T/A Jewish Care (Applicant). 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 (ANMF) has indicated its acceptance of 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 ANMF 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 8 May 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Jewish Care (Victoria) Inc., trading as Jewish Care, and the Australian Nursing and Midwifery Federation. The dispute was brought before the Fair Work Commission, an Australian federal statutory tribunal, and concerned the approval of the Jewish Care (Victoria) Inc Nurses and Health and Allied Services Enterprise Agreement 2013-2017. The application aimed to seek the Commission's approval for the agreement's terms, which was a critical step in formalising the employment conditions between the employer and the union.

The primary legal issues the Commission had to address were whether the agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a fair and reasonable rate of pay and conditions, and whether it complied with the process requirements outlined in the Act. Additionally, the Commission had to ensure that the agreement did not unfairly discriminate against any group of employees or contravene any other provisions of the Act.

The Fair Work Commission thoroughly examined the agreement, taking into account various factors such as the bargaining positions of the parties, the fairness and reasonableness of the proposed terms, and the process followed in reaching the agreement. The Commission found that the agreement provided for fair and reasonable rates of pay and conditions for the employees. It also concluded that the agreement complied with all necessary statutory requirements and did not unfairly discriminate against any group of employees. Consequently, the Commission approved the agreement, recognising its fairness and reasonableness and its compliance with the statutory framework.

The final orders of the Commission were to approve the Jewish Care (Victoria) Inc Nurses and Health and Allied Services Enterprise Agreement 2013-2017, thereby formalising the employment terms between Jewish Care and the Australian Nursing and Midwifery Federation. The approval was subject to the agreement meeting all the requirements under the Fair Work Act 2009, ensuring that it provided fair and reasonable terms and conditions for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established