DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silver Chain Group Limited T/A Silver Chain
(AG2014/10413)

SILVER CHAIN NATIONAL (NON NURSING) ENTERPRISE AGREEMENT2014

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 23 APRIL 2015

Application for approval of the Silver Chain National (Non Nursing) Enterprise Agreement2014.

[1] An application has been made for approval of an enterprise agreement known as the Silver Chain National (Non Nursing) Enterprise Agreement2014 (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 t/a EMA Consulting. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Silver Chain Group Ltd and Royal District Nursing Service of South Australia Ltd (a wholly owned subsidiary of Silver Chain Group Ltd). In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Health Services Union of Australia, United Voice and the Australian Nursing and Midwifery Federation, 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 30 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Silver Chain Group Limited, trading as Silver Chain, sought approval for its National (Non Nursing) Enterprise Agreement 2014. The dispute arose in the Fair Work Commission, the body responsible for regulating and approving enterprise agreements under Australian labour law. The primary issue before the court was whether the agreement met the necessary criteria for approval, particularly in terms of its compliance with the Fair Work Act 2009 and the fairness test outlined in section 233 of the Act. This involved examining whether the agreement provided a safety net for employees, ensured procedural fairness, and was free from any coercive practices.

The court considered several aspects of the agreement, including the terms and conditions it set for the employees, the process by which the agreement was negotiated, and the nature of any bargaining that occurred. It was crucial to determine whether the agreement adequately protected the interests of the employees, particularly those without nursing qualifications, and whether it provided a minimum safety net in line with the provisions of the Fair Work Act. The court also evaluated whether there was sufficient evidence of genuine bargaining between the employer and the employees' representatives.

In delivering its decision, the court found that the agreement was fair and met the necessary criteria for approval. It determined that the agreement provided adequate protections for the employees and ensured procedural fairness in its negotiation and implementation. The court concluded that the agreement complied with the requirements of the Fair Work Act and was consistent with the principles of good faith bargaining and fairness. As such, the application for approval was successful, and the agreement was duly approved by the commission.

The final orders of the commission confirmed the approval of the Silver Chain National (Non Nursing) Enterprise Agreement 2014. The agreement was to be registered with the Fair Work Commission, and it would come into effect as per its specified commencement date. The decision underscored the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees while also facilitating effective industrial relations practices between employers and employees.

Silver Chain Group Limited T/A Silver Chain

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established