Mater Misericordiae Limited T/A Mater Group

[2019] FWCA 6830

FAIR WORK COMMISSION

decision

Fair Work Act 2009

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

Mater Misericordiae Limited T/A Mater Group

(AG2019/1653)

Mater Corporate and Administration Services Enterprise Agreement 2018-2021

Health and welfare services
Deputy President Millhouse	MELBOURNE, 4 OCTOBER 2019

Application for approval of the Mater Corporate and Administration Services Enterprise Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the Mater Corporate and Administration Services Enterprise Agreement 2018-2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mater Misericordiae Limited T/A Mater Group (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union, 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 of the Act, will operate from 11 October 2019. The nominal expiry date of the Agreement is 31 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Mater Misericordiae Limited T/A Mater Group to approve the Mater Corporate and Administration Services Enterprise Agreement 2018-2021. The dispute arose as the applicant sought to formalise the terms of employment for a defined group of employees within its organisation. The Commission was tasked with assessing the agreement to determine if it complied with the requirements of the Fair Work Act 2009, including the need for the agreement to meet the "better off overall test" and to be free from prohibited content.

The central legal issues before the Commission included whether the proposed agreement provided a fair and equitable balance of benefits and detriments for the employees, and whether it contained any provisions that were contrary to the principles of the Fair Work Act. Specifically, the Commission had to consider if the agreement met the statutory requirements for approval, including the necessity for it to be free from any provisions that would cause employees to be worse off overall than under the applicable awards.

In delivering its decision, the Fair Work Commission examined the provisions of the agreement against the statutory framework and found that the agreement met the better off overall test. The Commission determined that the agreement provided for a fair balance of benefits and detriments, and that it did not contain any prohibited content that would render it invalid. The Commission approved the Mater Corporate and Administration Services Enterprise Agreement 2018-2021, effective from the date of the decision. This approval ensures that the agreement will apply to the relevant employees as intended by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established