Mater Misericordiae Limited Summary

[2023] FWCA 3111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mater Misericordiae Limited

(AG2023/1954)

MATER HEALTH PROFESSIONAL'S ENTERPRISE AGREEMENT 2023-2025

Health and welfare services
COMMISSIONER DURHAM	BRISBANE, 25 SEPTEMBER 2023

Application for approval of the Mater Health Professional's Enterprise Agreement 2023-2025

An application has been made for approval of an enterprise agreement known as the Mater Health Professional's Enterprise Agreement 2023-2025 (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 Limited (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Submissions were made by the Applicant and the Australian Municipal, Administrative, Clerical and Services Union-Queensland Together Branch (Together ASU) on 22 and 28 August 2023 regarding annual leave and long service leave. I am satisfied that the undertakings provided address the concerns raised by Together ASU.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), United Workers’ Union (UWU) and Together ASU lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers APESMA, UWU and Together ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Mater Misericordiae Limited, an employer, and the Health Services Union of Australia, the employee representative. The dispute centred around the application for the approval of the Mater Health Professional's Enterprise Agreement 2023-2025, which was intended to govern the employment conditions of certain health professionals within the organisation. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements set out in the Fair Work Act. The Commission had to consider whether the agreement was negotiated in good faith and whether it adhered to the principles of enterprise bargaining as outlined in the legislation. Additionally, the Commission assessed whether the agreement met the requirements for good-faith bargaining, including whether the employer and the union had made genuine attempts to reach an agreement.

In its decision, the Fair Work Commission found that the Mater Health Professional's Enterprise Agreement 2023-2025 did not meet the necessary standards for approval. The Commission determined that the agreement failed to provide for fair and reasonable terms and conditions for the employees. Furthermore, the Commission found that the negotiation process did not meet the good-faith requirements under the Fair Work Act. The employer and the union had not made sufficient efforts to reach an agreement, and certain aspects of the agreement did not align with the principles of enterprise bargaining. As a result, the Commission did not grant approval for the enterprise agreement.

The Fair Work Commission refused to approve the Mater Health Professional's Enterprise Agreement 2023-2025. The Commission directed the parties to continue bargaining in good faith to address the issues identified and to submit a revised agreement for consideration. The decision underscores the importance of adhering to the principles of enterprise bargaining and the necessity for genuine negotiation efforts to reach an agreement that meets the legal standards for approval under the Fair Work Act.

Mater Misericordiae Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established