Mater Misericordiae Limited T/A Mater Group

[2019] FWCA 1926

[2019] FWCA 1926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Misericordiae Limited T/A Mater Group
(AG2018/7236)

MATER RESIDENT MEDICAL OFFICERS' ENTERPRISE AGREEMENT 2018 - 2021

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 MARCH 2019

Application for approval of the Mater Resident Medical Officers' Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Mater Resident Medical Officers’ 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 as are relevant to this application for approval have been met. In satisfying myself that each award covered employee, and each prospective award covered employee, will be better off overall under the Agreement than if the relevant modern award applied to the employee, I have had regard to submissions made by the Australian Salaried Medical Officers’ Federation Queensland Branch (ASMOFQB), particularly in relation to the averaging arrangements in clause 5.2 of the Agreement. Those arrangements cannot be entered into under clause 5.2 unless there is an agreement, recorded in writing and made in advance, between the medical officer and the Mater. Those protections, coupled with the over-award payments and benefits provided for in the Agreement, satisfy me that each employee and prospective employee covered by the relevant modern award would be better off overall if the Agreement applied to them than if the relevant modern award applied to them.

[3] The ASMOFQB 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 of the Act, will operate from 1 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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