DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silver Chain Group Limited
(AG2021/6077)

SILVER CHAIN GROUP LIMITED REGISTERED AND ENROLLED NURSES’ ENTERPRISE AGREEMENT 2021

Health and welfare services
COMMISSIONER MIRABELLA	MELBOURNE, 29 JULY 2021

Application for approval of the Silver Chain Group Limited Registered and Enrolled Nurses' Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Silver Chain Group Limited Registered and Enrolled Nurses’ Enterprise Agreement 2021 (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.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The United Workers' Union and Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Silver Chain Group Limited, an organisation providing healthcare services, applied for approval of the Registered and Enrolled Nurses' Enterprise Agreement 2021. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. The application brought forward by Silver Chain Group Limited was contested by a number of healthcare unions representing the nurses.

The legal issues before the Commission involved assessing the agreement's compliance with the Fair Work Act 2009, including whether the agreement was made in good faith, and if it covered all necessary matters, including minimum entitlements and the appropriate classification of employees. The Commission also needed to determine if the agreement adhered to the "better off overall test", ensuring that the employees would not be worse off financially under the new agreement.

In its decision, the Commission noted that the agreement had been made in good faith and comprehensively covered all required matters, including minimum entitlements and the classification of employees. The Commission found that the agreement was fair and reasonable, and it satisfied the "better off overall test". Consequently, the Commission approved the agreement. The decision highlighted the importance of good faith negotiations and the comprehensive nature of the agreement in reaching a favourable outcome for both the employer and the employees.

The Fair Work Commission approved the Silver Chain Group Limited Registered and Enrolled Nurses' Enterprise Agreement 2021, confirming that the agreement met all the statutory requirements under the Fair Work Act 2009. The Commission's decision underscores the importance of ensuring that enterprise agreements are made in good faith, cover all necessary matters, and adhere to the "better off overall test" to ensure fairness for both parties.

Silver Chain Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established