DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silver Chain Group Limited
(AG2016/3651)

SILVER CHAIN GROUP LIMITED ENROLLED NURSES’ ENTERPRISE AGREEMENT 2016

Health and welfare services
DEPUTY PRESIDENT DEAN	SYDNEY, 25 JULY 2016

Application for approval of the Silver Chain Group Limited Enrolled Nurses’ Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Silver Chain Group Limited Enrolled Nurses’ Enterprise Agreement 2016 (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 statutory declaration, 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 Australian Nursing and Midwifery Federation 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 1 August 2016. The nominal expiry date of the Agreement is 9 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Silver Chain Group Limited sought the Fair Work Commission's approval for the Enrolled Nurses' Enterprise Agreement 2016. The applicant, a provider of home-based nursing services, argued that the agreement contained appropriate terms and conditions for the enrolled nurses who work under the agreement. The application faced opposition from the Australian Nursing and Midwifery Federation, which raised concerns about the agreement's compliance with various aspects of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the terms and conditions in the Enrolled Nurses' Enterprise Agreement 2016 were consistent with the provisions of the Fair Work Act 2009. The opposition raised concerns about several provisions, including the classification of the enrolled nurses, the working hours, the allowances and entitlements, and the dispute resolution mechanisms. The Commission had to assess if these terms met the requirements for being fair and reasonable, and if the agreement complied with the procedural requirements for its approval.

In reaching its decision, the Fair Work Commission examined each of the contested provisions in detail. It found that the agreement's terms were fair and reasonable, taking into account the nature of the work, the economic circumstances of the parties, and the need for a cooperative workplace. The Commission also determined that the agreement adhered to the procedural requirements set out in the Fair Work Act 2009. Consequently, the Commission approved the Enrolled Nurses' Enterprise Agreement 2016 as compliant and fair. The Fair Work Commission's decision affirmed the agreement's validity, allowing it to be implemented as the governing contract between Silver Chain Group Limited and the enrolled nurses.

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