Mater Misericordiae Health Services Brisbane Limited T/A Mater Health Services Summary

[2014] FWCA 4111

FAIR WORK COMMISSION

DECISION

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

Mater Misericordiae Health Services Brisbane Limited T/A Mater Health Services
(AG2014/1338)

MATER HEALTH SERVICES NURSES AND MIDWIVES ADULTS' WOMEN'S AND CHILDREN'S (AWC) ENTERPRISE AGREEMENT 2012

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 23 JUNE 2014

Application for approval of the Mater Health Services Nurses and Midwives Adults' Women's and Children's (AWC) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as The Mater Health Services Nurses and Midwives Adults' Women's and Children's (AWC) 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 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.

[3] The Queensland Nurses’ Union of Employees, 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Mater Misericordiae Health Services Brisbane Limited, trading as Mater Health Services, applied to the Fair Work Commission for approval of the Mater Health Services Nurses and Midwives Adults' Women's and Children's (AWC) Enterprise Agreement 2012. The applicant sought to have the agreement approved in accordance with the Fair Work Act 2009, as a registered agreement. The dispute arose from the negotiation and subsequent approval of the enterprise agreement between the applicant and the registered union, the Australian Nursing and Midwifery Federation.

The primary legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the provisions of the Act. Additionally, the court had to consider whether the agreement was fair and reasonable and whether it was consistent with the broader objectives of the Act, including promoting high levels of employment and avoiding industrial disputes.

The Fair Work Commission found that the agreement had been made in good faith and contained the necessary minimum terms and conditions. The court also concluded that the agreement was fair and reasonable, and consistent with the broader objectives of the Act. The agreement was approved as a registered agreement, and the Fair Work Commission found that it met all the requirements for approval under the Fair Work Act 2009. The court emphasised the importance of the agreement promoting high levels of employment and avoiding industrial disputes, and found that the agreement achieved these objectives.

The final orders of the court were that the Mater Health Services Nurses and Midwives Adults' Women's and Children's (AWC) Enterprise Agreement 2012 be approved as a registered agreement, effective from 1 July 2012. The agreement was to be registered on the Register of Approved Agreements, and the court found that it met all the requirements for approval under the Fair Work Act 2009. The court also found that the agreement was fair and reasonable, and consistent with the broader objectives of the Act.

Mater Misericordiae Health Services Brisbane Limited T/A Mater Health Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established