DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Misericordiae Health Services Brisbane Limited
(AG2016/686)

MATER HEALTH SERVICES OPERATIONAL EMPLOYEES’ ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 29 APRIL 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Mater Health Services Operational 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 Hospital Brisbane; and Mater Misericordiae Mothers’ Hospitals; and Mater Pathology Specimen Collection Services; and Mater Pharmacy Hope Island; and Mater Pharmacy Redland; and Mater Pharmacy Brookwater; and Mater Pharmacy South Brisbane; and Mater Pharmacy Services. 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 and Together Queensland, Industrial Union of Employees being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 29 April 2016 and, in accordance with s.54, will operate from 6 May 2016. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Mater Misericordiae Health Services Brisbane Limited, an employer, and the Health Services Union of Australia, an employee representative organisation. The dispute centred on the application for approval of the Mater Health Services Operational Employees’ Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The legal issues before the Commission were whether the agreement met the requirements of section 232 of the Fair Work Act 2009, particularly the provisions that the agreement must provide for the mandatory matters set out in Schedule 2 of the Act, and that the agreement must be in writing. The Commission had to assess whether the agreement contained all the mandatory matters and whether it was in writing, as well as whether the agreement met the good faith bargaining requirements under the Act.

The Commission determined that the agreement did meet the requirements of the Fair Work Act. It found that the agreement provided for all the mandatory matters and was in writing, and that the bargaining process was conducted in good faith. The Commission concluded that the agreement was fair and reasonable, and approved it accordingly.

The Fair Work Commission approved the Mater Health Services Operational Employees’ Enterprise Agreement 2014, finding that it met all the legal requirements under the Fair Work Act. This decision confirms the agreement as a binding contract between the employer and the employees covered by the agreement.

Mater Misericordiae Health Services Brisbane Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established