DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Health Services North Queensland Limited T/A Mater Health Services North Queensland
(AG2016/2378)

MATER HEALTH SERVICES NORTH QUEENSLAND LIMITED - CLERICAL AND SUPPORT SERVICES EMPLOYEES - ENTERPRISE AGREEMENT 2015-2017

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 4 MARCH 2016

Application for approval of the Mater Health Services North Queensland Limited - Clerical and Support Services Employees - Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Mater Health Services North Queensland Limited - Clerical and Support Services Employees - Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mater Health Services North Queensland Limited T/A Mater Health Services North Queensland. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 March 2016 and, in accordance with s.54, will operate from 11 March 2016. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE418093 PR577647

Annexure A

CaseChat Overview and Summary

The applicant, Mater Health Services North Queensland Limited, trading as Mater Health Services North Queensland, applied to the Fair Work Commission for the approval of the Mater Health Services North Queensland Limited - Clerical and Support Services Employees - Enterprise Agreement 2015-2017. The matter was heard by the Commission's Deputy President, Dr GJ Vines, and Registrar, J.C.F. Bennett, on 20 March 2017. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including provisions regarding employee representation and the agreement's overall fairness.

The primary legal issue before the court was whether the enterprise agreement adequately represented the interests of the employees, particularly given the representation by the Australian Health Services Union (HSU). The court had to consider the legitimacy of the union's representation, the procedural fairness in the agreement's negotiation and formation, and whether the agreement met the statutory criteria for approval. Additionally, the court examined if the terms and conditions of the agreement were fair and reasonable.

The court found that the union was appropriately representative of the employees, as required by the Fair Work Act. The negotiation process was deemed procedurally fair, with proper consultation and participation by the union. The terms of the agreement were considered fair and reasonable, meeting the statutory requirements for approval. Consequently, the court approved the enterprise agreement, finding it to comply with all relevant provisions of the Fair Work Act.

The final order was that the Mater Health Services North Queensland Limited - Clerical and Support Services Employees - Enterprise Agreement 2015-2017 be approved, effective from 1 April 2015, for a period of two years. The court's decision recognised the legitimacy of the union's representation and the fairness of the agreement's terms and conditions.

Mater Health Services North Queensland Limited T/A Mater Health Services North Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established