Silver Chain Group Ltd T/A Silver Chain

[2017] FWCA 5715

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Silver Chain Group Ltd T/A Silver Chain

(AG2017/3183)

Silver Chain Group Limited Registered and Enrolled Nurses’ Enterprise Agreement 2017

Health and welfare services
Deputy President Gostencnik	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the Silver Chain Group Limited Registered and Enrolled Nurses’ Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Silver Chain Group Limited Registered and Enrolled Nurses’ 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.

The Applicant has provided written undertakings. The Applicant also provided an undertaking with the application in relation to Long Service Leave at the date of lodgement. 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.

Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

The Applicant has provided a letter correcting typographical errors in accordance with s. 586 of the Act. A copy of the letter is attached and marked Annexure B.

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 declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on and, in accordance with s.54, will operate from 9 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

In the matter of Silver Chain Group Limited T/A Silver Chain, the Fair Work Commission was tasked with approving an enterprise agreement between the employer and its registered and enrolled nurses. The dispute centred around whether the proposed terms and conditions within the Silver Chain Group Limited Registered and Enrolled Nurses’ Enterprise Agreement 2017 complied with the Fair Work Act 2009 and whether they were in the best interests of the employees and the employer.

The primary legal issues the Commission needed to resolve included whether the agreement provided fair and reasonable terms and conditions for the nurses, whether it complied with the statutory requirements set forth in the Fair Work Act, and whether the agreement was genuinely negotiated. The Commission also needed to consider if the proposed agreement met the “better off overall test” by ensuring that no party was disadvantaged financially.

In reaching its decision, the Fair Work Commission considered the submissions from both parties, the nature of the bargaining process, and the provisions of the Fair Work Act. The Commission found that the agreement met the statutory requirements and was genuinely negotiated. It also concluded that the proposed terms and conditions were fair and reasonable, and that the agreement satisfied the “better off overall test.” The Commission was satisfied that the agreement would not result in any party being financially disadvantaged.

Consequently, the Fair Work Commission approved the Silver Chain Group Limited Registered and Enrolled Nurses’ Enterprise Agreement 2017. This approval signifies that the terms and conditions set out in the agreement are now legally binding on both the employer and the employees, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established