DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Misericordiae Limited T/A Mater Group
(AG2018/1405)

MATER MAINTENANCE SERVICES EMPLOYEES’ ENTERPRISE AGREEMENT 2017 - 2020

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 10 AUGUST 2018

Application for approval of the Mater Maintenance Services Employees’ Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mater Maintenance Services Employees’ Enterprise Agreement 2017 - 2020 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Municipal, Administrative, Clerical and Services Union, the Communications and the Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Mater Misericordiae Limited T/A Mater Group sought approval of the Mater Maintenance Services Employees’ Enterprise Agreement 2017-2020. The application was brought before the Fair Work Commission. The dispute centred on whether the agreement complied with the relevant legislative framework, particularly in terms of provisions relating to casual employment and minimum working conditions.

The legal issues the court had to resolve included whether the enterprise agreement was made in good faith and if it adhered to the Fair Work Act 2009. Specific scrutiny was directed towards the casual loading rates and the provisions related to shift penalties and meal breaks. The court had to consider whether these provisions met the statutory minimum standards and whether they were procedurally fair.

The Fair Work Commission examined the evidence presented by both parties, focusing on the negotiation process and the substantive content of the agreement. The Commission found that the agreement was made in good faith and that the provisions regarding casual loading rates and shift penalties were consistent with the statutory minimums. The Commission approved the agreement, noting that while some aspects were below the minimum standards, they were not so far removed as to warrant disapproval. The approval was subject to certain conditions to ensure compliance with the statutory minimum standards.

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