DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Misericordiae Health Services Brisbane Limited T/A Mater Health Services
(AG2015/6157)

MATER HEALTH SERVICES MAINTENANCE SERVICES EMPLOYEES’ ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 27 NOVEMBER 2015

Application for approval of the Mater Health Services Maintenance Services Employees’ Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mater Health Services Maintenance Services Employees’ Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mater Misericordiae Health Services Brisbane Limited T/A Mater Health Services. The Agreement is a single enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Construction, Forestry, Mining and Energy Union and Together Queensland Industrial Union of Employees 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2015. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mater Health Services, sought approval of the Maintenance Services Employees' Enterprise Agreement 2014 from the Fair Work Commission. The dispute centred on whether the agreement met the necessary standards and criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable and had been negotiated in good faith. The opposing party contended that the agreement did not adequately address certain issues related to employee entitlements and working conditions.

The primary legal issues before the Commission involved assessing whether the agreement was a "better off overall test" agreement, meaning whether it was likely to be better for the employees overall, and if it complied with the good faith negotiation requirements. Additionally, the Commission needed to determine if the agreement met the "in writing" requirement and if it included all the necessary particulars. The Commission also had to consider if the agreement adequately addressed the provisions of the National Employment Standards and if it included any provisions that might unfairly discriminate against certain employees.

The Fair Work Commission found that the agreement met the necessary criteria for approval. It was determined that the agreement had been negotiated in good faith and passed the better off overall test. The Commission concluded that the agreement was fair and reasonable and complied with all statutory requirements, including the "in writing" and particulars provisions. The agreement was also found to adequately address the National Employment Standards and did not contain any provisions that unfairly discriminated against certain employees. Therefore, the Commission approved the agreement.

The final orders of the Commission were that the Mater Health Services Maintenance Services Employees' Enterprise Agreement 2014 was approved and registered under the Fair Work Act 2009. The agreement was to be deemed to have effect from the date of the Commission's decision and would be binding on all parties involved until superseded by a new agreement or by operation of law.

MATER HEALTH SERVICES MAINTENANCE SERVICES EMPLOYEES’ ENTERPRISE AGREEMENT 2014

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established