Silver Chain Group Limited

[2024] FWCA 1481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Silver Chain Group Limited

(AG2024/845)

SILVERCHAIN HEALTH PROFESSIONAL AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 22 APRIL 2024

Application for approval of the Silverchain Health Professional and Support Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Silverchain Health Professional and Support Services Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Silver Chain Group Limited. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 21 July 2023 and the Agreement was made on 7 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Health Services Union, the Australian Nursing and Midwifery Federation and the United Workers' Union 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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Silver Chain Group Limited, a provider of aged care and disability support services, sought approval of the Silverchain Health Professional and Support Services Enterprise Agreement 2023. The application involved various unions representing employees of Silver Chain Group Limited, who disputed certain terms of the proposed agreement. The central issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009, including provisions for employee protections and fair terms.

The legal issues before the Commission were whether the proposed agreement satisfied the 'better off overall test' and adhered to the 'good faith' requirement. The Commission had to determine if the agreement provided employees with terms and conditions that were at least as good as their existing awards or agreements, and whether the bargaining process was conducted in good faith. Additionally, the Commission assessed the fairness of specific terms, including pay rates, conditions, and other benefits.

The Commission found that the proposed agreement did meet the 'better off overall test' as employees would receive improved conditions and wages compared to their previous arrangements. The Commission also concluded that the bargaining process was conducted in good faith, considering the efforts made by both parties to reach a mutually acceptable agreement. The Commission approved the Silverchain Health Professional and Support Services Enterprise Agreement 2023, acknowledging the benefits it provided to employees while maintaining a balance with the operational needs of Silver Chain Group Limited.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established