DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EMA Consulting Pty Ltd
(AG2015/3351)

SILVER CHAIN GROUP REGISTERED NURSES AGREEMENT 2014

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 29 JULY 2015

Application for approval of the Silver Chain Group Registered Nurses Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Silver Chain Group Registered Nurses Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EMA Consulting Pty Ltd (the Applicant). 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 Applicant has made application to me to correct some typographical errors in the Agreement. The corrections sought are set out in Annexure A. Pursuant to section 586(a) of the Act the errors are corrected in the published Agreement.

[4] 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.

[5] The Agreement was approved on 29 July 2015 and, in accordance with s.54 of the Act, will operate from 5 August 2015. The nominal expiry date of the Agreement is 9 June 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of EMA Consulting Pty Ltd, the Fair Work Commission was asked to approve the Silver Chain Group Registered Nurses Agreement 2014. The dispute arose between EMA Consulting and the Registered Nurses Division of the National Tertiary Education Industry Union. The applicants sought to have the agreement, which was negotiated by EMA Consulting, recognised as a safety net agreement. The legal issues that the Commission had to decide centred on whether the agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided employees with terms and conditions that were not less favourable than the applicable awards or the national system of minimum wages and entitlements.

The Commission considered whether the agreement complied with the safety net provisions of the Act and if it provided adequate protections for employees. It examined the terms and conditions of employment, including wages, leave entitlements, and other benefits, to ensure they were not less favourable than the relevant awards or the national safety net. The Commission also considered whether the agreement was genuinely negotiated and whether it covered a sufficient number of employees to be considered a safety net agreement. After reviewing the evidence and arguments presented by both parties, the Commission determined that the agreement met the necessary criteria.

The Fair Work Commission found that the Silver Chain Group Registered Nurses Agreement 2014 provided terms and conditions of employment that were not less favourable than the applicable awards or the national safety net. The Commission approved the agreement, recognising it as a safety net agreement. This decision ensures that the employees covered by the agreement are entitled to the protections provided by the agreement, which are at least as favourable as those provided by the relevant awards or the national safety net. The approval of the agreement is a significant outcome for the parties involved, providing certainty and stability in the employment relationship.

EMA Consulting 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