DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silver Chain Group Limited
(AG2017/3269)

SILVER CHAIN GROUP LIMITED NATIONAL (NON NURSING) ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Silver Chain Group Limited National (Non Nursing) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Silver Chain Group Limited National (Non Nursing) Enterprise Agreement 2017 (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] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation, the Health Services Union and United Voice, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Silver Chain Group Limited, an employer, and its employees, represented by the Health Services Union of Australia, sought approval for the Silver Chain Group Limited National (Non Nursing) Enterprise Agreement 2017. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The central issue before the Commission was whether the agreement complied with the procedural and substantive requirements for an enterprise agreement under the Act. The Commission had to consider whether the agreement was certified by an independent person, whether it was in writing, and whether it was made in good faith and for the purpose of establishing the terms and conditions of employment. The Commission also needed to ensure the agreement did not discriminate against any class of employees.

The Commission found that the agreement was procedurally sound, having been certified by an independent person and meeting all the necessary criteria for registration. The substantive requirements were also met, as the agreement was in writing and made in good faith for the purpose of establishing the terms and conditions of employment. Importantly, the Commission concluded that the agreement did not discriminate against any class of employees and that it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, noting that it provided for a fair and efficient workplace that met the needs of both the employer and employees. The Commission did not make any orders for changes to the agreement, as it was satisfied with the terms as presented.

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