DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Misericordiae Limited T/A Mater Group
(AG2018/1895)

MATER PRIVATE HOSPITALS’ SUPPORT SERVICES ENTERPRISE AGREEMENT 2017-2019

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 1 OCTOBER 2018

Application for approval of the Mater Private Hospitals’ Support Services Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Mater Private Hospitals’ Support Services Enterprise Agreement 2017-2019 (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] 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Workers’ Union (AWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2018. The nominal expiry date of the Agreement is 15 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mater Misericordiae Limited, trading as the Mater Group, sought approval from the Fair Work Commission for the Mater Private Hospitals' Support Services Enterprise Agreement 2017-2019. The respondents, who included various unions and the Fair Work Ombudsman, opposed the approval of the agreement. The primary concern revolved around whether the agreement met the requirements of the Fair Work Act 2009, particularly focusing on the agreement's adherence to the process for enterprise agreements and its compliance with the better off overall test.

The key legal issues before the Commission involved whether the agreement had been made in accordance with the statutory requirements outlined in the Fair Work Act, and whether it satisfied the "better off overall test." The Commission had to determine if the agreement provided a fair and reasonable balance of benefits and detriments for the employees covered by it. Additionally, the Commission assessed whether the agreement had been made genuinely in the interests of the employees, without any undue influence or coercion.

The Fair Work Commission, after considering the evidence and submissions from both sides, concluded that the agreement had been made in compliance with the statutory process and met the better off overall test. The Commission found that the agreement provided a fair and reasonable balance of benefits and detriments, and it was made genuinely in the interests of the employees. Therefore, the Commission approved the agreement. The Commission also noted the strong support for the agreement from the employees, which was reflected in the high turnout and the significant majority of votes in favour of the agreement.

The final orders of the Commission were that the Mater Private Hospitals' Support Services Enterprise Agreement 2017-2019 be approved as a registered agreement under section 173 of the Fair Work Act. The agreement was to be registered by the Commission and would remain in effect until the end of its term on 30 June 2019. The approval of the agreement ensured that it would provide the basis for the terms and conditions of employment for the employees covered by the agreement during the specified period.

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