DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mater Misericordiae Limited T/A Mater Group
(AG2018/818)

MATER OPERATIONAL EMPLOYEES' ENTERPRISE AGREEMENT 2017 - 2019

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 30 MAY 2018

Application for approval of the Mater Operational Employees' Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Mater Operational Employees’ 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 Applicant 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 Municipal, Administrative, Clerical and Services Union and the Australian Workers’ Union 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 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 parties to the proceeding were Mater Misericordiae Limited, trading as Mater Group, and the Australian Medical Association (Qld Branch). The dispute centred on the application for approval of the Mater Operational Employees' Enterprise Agreement 2017-2019. The application was heard in the Fair Work Commission. The primary legal issues before the Commission were whether the agreement met the statutory criteria for approval under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Fair Work Commission assessed the agreement against the criteria set out in the Fair Work Act. The Commission considered the fairness test, which required it to determine whether the agreement was appropriate in all the circumstances. The Commission examined the process by which the agreement was negotiated, the terms and conditions it contained, and its overall impact on the employees. The Commission also evaluated whether the agreement was in the best interests of the employees, taking into account the parties' submissions and any relevant evidence.

In its decision, the Commission found that the agreement met the statutory requirements for approval. It noted that the negotiation process was fair and transparent, and that the terms and conditions were reasonable. The Commission concluded that the agreement was in the best interests of the employees, as it provided for appropriate pay and conditions, while also promoting efficiency and productivity. The Commission approved the Mater Operational Employees' Enterprise Agreement 2017-2019, subject to certain modifications to ensure compliance with the Act.

The Commission issued orders approving the agreement, with modifications, and directed the parties to take all necessary steps to give effect to the approved agreement. The Commission also made orders for the publication of the approved agreement and for the making of a copy available to employees. The decision is a useful guide for employers and employees in the health care industry when negotiating enterprise agreements.

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