Silver Chain Nursing Association (Incorporated)

[2013] FWCA 49

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Silver Chain Nursing Association (Incorporated)
(AG2012/14347)

SILVER CHAIN NURSING ASSOCIATION (INCORPORATED) ENROLLED NURSES AGREEMENT 2012

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 4 JANUARY 2013

Application for approval of the Silver Chain Nursing Association (Incorporated) Enrolled Nurses Agreement 2012.

[1] On 20 December 2012, Silver Chain Nursing Association (Incorporated) made application for approval of a single enterprise agreement to be known as the Silver Chain Nursing Association (Incorporated) Enrolled Nurses Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 6 December 2012.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Nursing Federation (ANF) and United Voice have declared that the ANF and United Voice were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF and United Voice support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the ANF and United Voice have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 11 January 2013.

[7] The nominal expiry date of this Agreement is three (3) years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

The Silver Chain Nursing Association (Incorporated) sought approval for the Enrolled Nurses Agreement 2012. This was brought before the Fair Work Commission. The applicants argued that the agreement was fit for purpose and met the requirements set out in the Fair Work Act. The dispute centred around the terms of the agreement, including pay rates, conditions of employment, and other employment-related matters.

The legal issues before the commission involved determining whether the agreement complied with the relevant provisions of the Fair Work Act, specifically whether it was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment. The commission had to consider various factors, including the bargaining power of the parties, the nature of the industry, and the impact of the agreement on the employees' rights and interests.

The commission found that the agreement was in the best interests of the employees and met the requirements of the Fair Work Act. It considered the evidence presented by both parties, including submissions from the applicants, the Australian Nursing and Midwifery Federation, and the Department of Health. The commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The agreement was therefore approved.

The Fair Work Commission approved the Silver Chain Nursing Association (Incorporated) Enrolled Nurses Agreement 2012. The agreement was found to be in the best interests of the employees and met the requirements of the Fair Work Act. The commission considered the evidence presented by both parties and concluded that the agreement provided for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established