[2017] FWCA 6751

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.

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[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

<Price code J, AE426556 PR598760>

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Annexure A
FAI R WORK COMMISSION

Matter No.: AG20 17/3269 Application for approval of the Silver Chain Group Limited National (Non
Nursing) Enterprise Agreement 2017
Applicant: Sliver Chain Group Ltd

Section 185 -Application for approval of a single enterprise agreement

Undertaking - Section 190

I give the following undertakings with respect to the Silver Chain Group Limited National (Non Nursing)
Enterprise Agreement 2017 ("the Agreeme.n t"):

1. I have the authority given to me by my employing entity to provide this undertaking In relation to
the application before the Fair Work Commission.

2. A part time Hourly Employee will not be obligated to accept any additional ordinary hours that
are offered under clause 5.8 of the Agreement

3. A part time Hourly Employee's "agreed ordinary hours" will comprise:

3.1. the Employee's minimum fortnightly hours under clause 5.7 of the Agreement; plus
3.2 any additional ordinary hours agreed by the Employee under clause 5.8 of the Agreement,
provided those hours are agreed in advance of the commenoemen t of the shift.

4. A part time Hourly Employee who Is required by the employer to work in excess of or outside:
a) the ordinary hours limits in clause 7- Hours; or
b) their agreed ordinary hours,
will be paid for such additional hours a t the overtime rates in clause 11.2 to 11.4.

5. This undertaking is provided on the basis of Issues raised by the Fair Work Commission
in the application before the Fair Work Commission.

Signed for and on behalf of:

ACCESS CARE NETWORK AUSTRALIA PTY LTD

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Renate Smith
Authority : Chief Exec:utlve Officer Date:

ROYAL DISTRICT NURSING SERVICE OF SOUTH AUSTRALIA LIMITED

Bronwyn Masters
Authority: General Manager

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Note - this agreement is to be read together with an undertaking given by the
employer. The undertaking is taken to be a term of the agreement. A copy of it
can be found at the end of the agreement.