Mater Misericordiae Limited Summary

[2023] FWCA 2305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mater Misericordiae Limited

(AG2023/2317)

MATER NURSING AND MIDWIFERY ENTERPRISE AGREEMENT 2022 – 2025

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 26 JULY 2023

Application for approval of the Mater Nursing and Midwifery Enterprise Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement known as the Mater Nursing and Midwifery Enterprise Agreement 2022 - 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 Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 2 August 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

The application for approval of the Mater Nursing and Midwifery Enterprise Agreement 2022-2025 was brought before the Fair Work Commission by the Mater Misericordiae Limited, an organisation representing the hospital. The dispute centred on the terms and conditions of employment for nurses and midwives at the Mater hospital, focusing on whether the proposed enterprise agreement met the legal requirements for approval. The Fair Work Commission was the body tasked with determining the validity of the agreement and its compliance with the Fair Work Act 2009.

The legal issues that the Commission had to resolve included whether the agreement had been made in good faith, if it provided for the proper negotiation process, and whether it included all mandatory terms and conditions as required by the Fair Work Act. The Commission also had to consider if the agreement provided for appropriate dispute resolution mechanisms and if it aligned with the public interest, including its impact on the financial sustainability of the hospital.

In examining these issues, the Commission assessed the evidence presented by both parties, focusing on the negotiation process and the terms of the agreement. It found that the Mater Misericordiae Limited had demonstrated a genuine effort to negotiate in good faith and that the agreement included all necessary provisions as stipulated by the Fair Work Act. The Commission also noted that the agreement contained provisions that supported the public interest, particularly in maintaining the financial viability of the hospital while ensuring fair conditions for the employees. Consequently, the Commission approved the Mater Nursing and Midwifery Enterprise Agreement 2022-2025, determining that it met all the legal criteria for endorsement.

The final orders of the Commission included the approval of the Mater Nursing and Midwifery Enterprise Agreement 2022-2025, with specific conditions to ensure ongoing compliance with the Fair Work Act. The Commission also mandated a review process to address any potential issues that might arise during the term of the agreement.

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