DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Misericordiae Health Services Brisbane Limited T/A Mater Hospital Brisbane
(AG2016/4148)

MATER HEALTH SERVICES VISITING MEDICAL OFFICERS’ ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 20 SEPTEMBER 2016

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

[1] On 5 August 2016, Mater Misericordiae Health Services Brisbane Limited T/A Mater Hospital Brisbane (Applicant) made an application for approval of the Mater Health Services Visiting Medical Officers’ Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Salaried Medical Officers Federation, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 September 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mater Misericordiae Health Services Brisbane Limited, trading as Mater Hospital Brisbane, applied to the Fair Work Commission for approval of the Mater Health Services Visiting Medical Officers’ Enterprise Agreement 2015. The applicant and the respondent, the Australian Medical Association (Qld Branch), were parties to an existing enterprise agreement that had expired. The dispute centred on the terms and conditions of employment for visiting medical officers, including pay rates, hours of work, and leave provisions.

The legal issues before the court were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the "better off overall test" for the employees concerned. The court had to examine whether the agreement provided fair and reasonable terms and conditions, and whether it was likely to result in improved outcomes for the visiting medical officers.

The court found that the proposed agreement met the statutory requirements and passed the better off overall test. The agreement provided for fair and reasonable terms and conditions, and the benefits to the employees outweighed any detriments. The court approved the Mater Health Services Visiting Medical Officers’ Enterprise Agreement 2015, considering it to be in the best interests of the employees and the employer.

The final orders of the court were that the agreement be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement would then govern the employment conditions of the visiting medical officers until a new agreement was made or until the existing agreement was terminated in accordance with the Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established