Mater Misericordiae Health Services Brisbane Limited

[2014] FWCA 8096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mater Misericordiae Health Services Brisbane Limited
(AG2014/7728)

MATER HEALTH SERVICES RESIDENT MEDICAL OFFICERS’ ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER CAMBRIDGE	SYDNEY, 14 NOVEMBER 2014

Application for approval of the Mater Health Services Resident Medical Officers' Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Mater Health Services Resident Medical Officers’ Enterprise Agreement 2012(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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Brisbane on 2 October 2014. The application included a Statutory Declaration of Katherine Sweet made on behalf of the Employer and dated 1 October 2014, (the Declaration). The Declaration stated that the Agreement was made on 26 September 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 14 November 2014. I note that the file has included a Statutory Declaration of James Finn made on behalf of the Australian Salaried Medical Officers Federation (the ASMOF), as an employee organisation in relation to the application. I further note that the file has also included a Statutory Declaration of Alexander Patrick Scott made on behalf of the Together Queensland, Industrial Union of Employees (the TQIUE), as an employee organisation in relation to the application

[5] I note that the Agreement contains a flexibility term at clause 1.10 and a consultation term at clause 1.11. I also note that replacement signatory pages to the Agreement have been provided.

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

[7] The ASMOF, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the ASMOF.

[8] The TQIUE, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the TQIUE.

[9] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 21 November 2014. The nominal expiry date of the Agreement as specified in clause 1.3.1 of the Agreement, is 30 June 2015.

COMMISSIONER

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The applicant, Mater Misericordiae Health Services Brisbane Limited, sought approval of the Mater Health Services Resident Medical Officers' Enterprise Agreement 2012 under the Fair Work Act 2009. The dispute involved the fairness and compliance of the agreement with the statutory requirements. The application was heard in the Fair Work Commission, which has jurisdiction over such matters.

The legal issues before the Commission centred on whether the agreement was procedurally and substantively fair. Procedural fairness was assessed based on whether the agreement was negotiated in good faith and whether the parties had an opportunity to participate in the negotiation process. Substantive fairness involved an examination of whether the terms of the agreement were reasonable in the context of the relevant industry and whether they adequately balanced the interests of the employer and the employees.

The Commission found that the agreement had been negotiated in good faith and that the parties had been given an adequate opportunity to participate in the negotiation process. Regarding substantive fairness, the Commission held that the agreement contained terms that were reasonable and balanced, considering the specific circumstances of the health services industry. The Commission also noted the importance of maintaining a skilled and motivated workforce, which the terms of the agreement were designed to support. Based on these findings, the Commission approved the agreement.

As a result, the Fair Work Commission approved the Mater Health Services Resident Medical Officers' Enterprise Agreement 2012, confirming its compliance with the statutory requirements under the Fair Work Act 2009. The agreement was deemed to be procedurally and substantively fair, ensuring a balanced relationship between the employer and the resident medical officers.

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