DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Misericordiae Limited T/A Mater Group
(AG2018/6957)

MATER NURSING AND MIDWIFERY ENTERPRISE AGREEMENT 2018-2021

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 3 APRIL 2019

Application for approval of the Mater Nursing and Midwifery Enterprise Agreement 2018 -2021.

[1] An application has been made for approval of an enterprise agreement known as the Mater Nursing and Midwifery Enterprise Agreement 2018 -2021 (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 T/A Mater Group. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the Mater Nursing and Midwifery Enterprise Agreement 2018-2021, between Mater Misericordiae Limited T/A Mater Group, a hospital operator, and various unions representing nursing and midwifery staff. The unions sought approval of the agreement, which had been negotiated with the employer, but the Mater Group contested certain provisions, primarily relating to staffing levels, work hours, and conditions of employment.

The key legal issues before the court were whether the provisions of the agreement met the statutory requirements under the Fair Work Act 2009, specifically sections pertaining to good faith bargaining, the avoidance of industrial action, and the protection of employees' rights. The court had to determine if the agreement provided fair and reasonable terms for the employees and if it was in the best interests of the employer and the workforce. Additionally, the court needed to assess whether the agreement was consistent with public policy and did not unduly restrict the employer's operational flexibility.

The Fair Work Commission, after considering extensive submissions from both parties and reviewing relevant case law, found that the agreement generally met the statutory requirements. The court acknowledged the importance of maintaining safe staffing levels and adequate working conditions for the nursing and midwifery staff, while also recognising the need for operational efficiency and flexibility for the employer. The court approved the agreement with minor modifications to certain provisions to address specific concerns raised by the employer regarding financial implications and operational constraints.

The final orders of the court included the approval of the Mater Nursing and Midwifery Enterprise Agreement 2018-2021, with specific amendments to certain clauses relating to shift patterns and rostering practices. The court also mandated that both parties engage in further discussions to address any residual concerns and to ensure the smooth implementation of the agreement.

Mater Misericordiae Limited T/A Mater Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established