DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Misericordiae Health Services Brisbane Limited t/a Mater Health Services
(AG2016/1019)

MATER HEALTH SERVICES RESIDENT MEDICAL OFFICERS’ ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MAY 2016

Application for approval of the Mater Health Services Resident Medical Officers’ Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mater Health Services Resident Medical Officers’ Enterprise Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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 Together Queensland Industrial Union of Employees and Australian Salaried Medical Officers Federation 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 26 May 2016 and, in accordance with s.54, will operate from 2 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Mater Misericordiae Health Services Brisbane Limited trading as Mater Health Services to have the Mater Health Services Resident Medical Officers’ Enterprise Agreement 2015 approved. This application was brought before the Fair Work Commission. The dispute centred around the terms and conditions of employment for resident medical officers, including issues such as pay rates, work hours, and other employment-related provisions.

The central legal issues for the Commission to determine were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for fair and reasonable terms and conditions, whether it was consistent with the national minimum standards, and whether it was made in good faith and without coercion. The Commission also needed to consider whether the agreement was appropriately certified by an independent certifier.

In reaching its decision, the Commission considered the provisions of the Fair Work Act, relevant case law, and submissions from both parties. The Commission found that the agreement was made in good faith and without coercion, and it provided for fair and reasonable terms and conditions for resident medical officers. The agreement was also found to be consistent with the national minimum standards and appropriately certified. Consequently, the Commission approved the agreement, recognising the need to balance the interests of both the employer and the employees, while ensuring compliance with the statutory framework.

The Fair Work Commission approved the Mater Health Services Resident Medical Officers’ Enterprise Agreement 2015. This decision was made in light of the evidence and submissions presented, ensuring that the agreement met all necessary legal criteria and provided for fair and reasonable terms and conditions for the resident medical officers.

Mater Misericordiae Health Services Brisbane Limited t/a Mater Health Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established