DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Misericordiae Health Services Brisbane Limited
(AG2015/6328)

MATER PRIVATE HOSPITALS’ SUPPORT SERVICES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 3 DECEMBER 2015

Application for approval of the Mater Private Hospitals’ Support Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mater Private Hospitals’ Support Services 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. 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. 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.

[3] 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.

[4] The Agreement was approved on 3 December 2015 and, in accordance with s.54, will operate from 10 December 2015. The nominal expiry date of the Agreement is 16 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Mater Private Hospitals' Support Services Enterprise Agreement 2014 was brought before the Fair Work Commission by the Mater Misericordiae Health Services Brisbane Limited. This enterprise agreement aimed to regulate the terms and conditions of employment for support services staff at the Mater Private Hospitals. The primary dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The key legal issues the court had to decide included whether the agreement provided for fair and reasonable terms, and whether it complied with the Fair Work Act's provisions for procedural fairness. Specifically, the court examined whether the agreement provided for fair remuneration, reasonable working hours, and appropriate conditions for the support services staff. Furthermore, the court assessed whether the bargaining process adhered to the requisite procedural fairness standards.

The Fair Work Commission concluded that the enterprise agreement did meet the necessary standards for approval. The court found that the agreement provided for fair and reasonable terms that were consistent with the objectives of the Fair Work Act. It was determined that the agreement addressed the support services staff's remuneration, working hours, and other employment conditions in a manner that was fair and reasonable. The court also confirmed that the bargaining process had been conducted in a procedurally fair manner, as required by the Act. Consequently, the application for approval was granted, and the enterprise agreement was registered.

The final orders of the court were that the Mater Private Hospitals' Support Services Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. The court's decision ensured that the agreement would govern the terms and conditions of employment for the relevant staff at the Mater Private Hospitals, providing them with fair and reasonable employment terms.

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