DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Misericordiae Health Services Brisbane Limited T/A Mater Health Services
(AG2016/3140)

MATER PRIVATE HOSPITALS’ ALLIED HEALTH EMPLOYEES’ ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 15 JUNE 2016

Application for approval of the Mater Private Hospitals’ Allied Health Employees’ Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mater Private Hospitals’ Allied Health Employees’ 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] 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 Agreement was approved on 15 June 2016 and, in accordance with s.54, will operate from 22 June 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Mater Misericordiae Health Services Brisbane Limited trading as Mater Health Services and the Queensland Nurses and Midwives' Union. The dispute was about the approval of the Mater Private Hospitals' Allied Health Employees' Enterprise Agreement 2015. The Fair Work Commission was the court that dealt with the matter.

The primary legal issue the court had to address was whether the proposed enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for the terms and conditions of employment of the employees covered by it, including whether it was consistent with the National Employment Standards and the applicable awards, and whether it met the "better off overall test" as outlined in the Fair Work Act. The court also had to consider if the agreement was made in accordance with the procedural requirements of the Act.

The Fair Work Commission found that the proposed enterprise agreement was consistent with the National Employment Standards and applicable awards. The court noted that the agreement provided for the terms and conditions of employment of the employees covered by it, and it met the better off overall test. The commission also determined that the agreement was made in accordance with the procedural requirements of the Fair Work Act. Based on these findings, the commission approved the enterprise agreement. The commission concluded that the agreement would provide employees with improved terms and conditions of employment and was in the best interests of the employees.

The Fair Work Commission approved the Mater Private Hospitals' Allied Health Employees' Enterprise Agreement 2015, finding that it met the legal requirements and was in the best interests of the employees. The commission's decision was based on the agreement's consistency with the National Employment Standards and applicable awards, its compliance with the better off overall test, and its adherence to the procedural requirements of the Fair Work Act. The approval of the enterprise agreement was considered to be in the best interests of the employees, as it provided them with improved terms and conditions of employment.

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