Australian Municipal, Administrative, Clerical and Services Union

[2020] FWC 1736

[2020] FWC 1736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.229—Bargaining order

Australian Municipal, Administrative, Clerical and Services Union
(B2020/212)

COMMISSIONER SIMPSON BRISBANE, 31 MARCH 2020

Application for a bargaining order – Mater not meeting good faith bargaining requirements – Bargaining orders issued – Written reasons to follow

[1] On 25 March 2020, the Australian Municipal, Administrative, Clerical and Services Union - Together Branch (Together ASU) filed and served an application pursuant to s.229 of the Fair Work Act 2009 (the Act) seeking bargaining orders against Mater Misericordiae Limited T/A Mater Group (Mater) pursuant to s.230 of the Act.

[2] Central to the application and dispute between the parties is whether orders should be issued by the Commission to stop a ballot of employees to approve the proposed Mater Health Practitioners’ Enterprise Agreement 2019-2022. The ballot is intended to commence tomorrow 1 April 2020. The matter was listed for a hearing yesterday afternoon 30 March 2020 where extensive witness evidence and submissions were heard. I reserved my decision at the conclusion of the hearing late yesterday.

[3] I have determined on the basis of the evidence that I am now satisfied that the statutory requirements have been met for making bargaining orders on the basis that I am satisfied of the statutory requirements in s.230, including that the Mater are not meeting good faith bargaining requirements and it is reasonable in all of the circumstances to make orders. I am also satisfied that the Applicant Together ASU have complied with the other statutory requirements for the making of bargaining orders.

[4] Given the urgency of the matter and other matters listed before me today I have determined to issue this brief decision and related bargaining orders today and will issue fulsome written reasons later in the week.

[5] At the conclusion of the hearing yesterday afternoon I provided the parties an opportunity to make further submissions on the form of orders if I was to determine to make orders. Both parties have provided further written submissions on the form of orders were they to be issued. I have taken those submissions into account before determining the final form of the orders and will include in the written reasons to follow the reasons for the form of the orders. bargaining orders will be issued separately and concurrently with this decision.

COMMISSIONER

Appearances:

Mr M. Thomas appearing on behalf of the Applicant
Mr D. Peverill appearing on behalf of the United Workers Union
Mr G. Sottile appearing on behalf of the Association of Professional Engineers, Scientists and Managers Australia
Mr N. Le Mare of Corrs Chambers Westgarth appearing on behalf of Mater Misericordiae Limited

Hearing details:

2020,
Brisbane:
March 30

Printed by authority of the Commonwealth Government Printer

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