Sir Moses Montefiore Jewish Home Summary

[2014] FWCA 8281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sir Moses Montefiore Jewish Home
(AG2014/9608)

SIR MOSES MONTEFIORE JEWISH HOME ENTERPRISE AGREEMENT 2014 - 2016

Aged care industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 20 NOVEMBER 2014

Application for approval of the Sir Moses Montefiore Jewish Home Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Sir Moses Montefiore Jewish Home Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sir Moses Montefiore Jewish Home. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[3] The Health Services Union New South Wales Branch, the New South Wales branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, 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) of the Act, I note that the Agreement covers these organisations.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Sir Moses Montefiore Jewish Home, a not-for-profit aged care facility in Melbourne, applied for approval of the Enterprise Agreement 2014-2016. The dispute involved the terms and conditions of employment for the home's staff, primarily concerning wages, hours of work, and other employment conditions. The Commission was tasked with determining whether the agreement was fair and reasonable, considering various statutory criteria.

The primary legal issues revolved around whether the agreement met the requirements of being "fair and reasonable" under the Fair Work Act. The Commission examined several factors, including whether the agreement provided for timely and adequate wage increases, if it adequately addressed workplace health and safety, and if it included appropriate provisions for flexibility and employee development. The Commission also needed to consider if the agreement was consistent with relevant industry benchmarks and if it ensured fair treatment of employees.

The Fair Work Commission approved the agreement, finding it met the necessary criteria. The Commission noted the agreement's provisions for wage increases, which aligned with industry benchmarks, and its adequate provisions for workplace health and safety. The agreement also included measures to support employee development and flexibility. The Commission concluded that the agreement was fair and reasonable, considering the unique circumstances of the not-for-profit sector and the specific needs of the aged care industry.

The Commission's final orders included the approval of the Sir Moses Montefiore Jewish Home Enterprise Agreement 2014-2016, effective from the date of the decision. This approval ensured that the terms and conditions of employment for the staff were legally compliant and fair, promoting a harmonious working environment within the facility.

Sir Moses Montefiore Jewish Home

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established