Mater Misericordiae Limited T/A Mater Group Summary

[2017] FWCA 4957

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Mater Misericordiae Limited T/A Mater Group

(AG2017/3119)

Mater Health Practitioners’ Enterprise Agreement 2016-2019

Health and welfare services
Commissioner Johns	SYDNEY, 22 SEPTEMBER 2017

Application for approval of the Mater Health Practitioners’ Enterprise Agreement 2016-2019.

On 27 July 2017 Mater Misericordiae Limited T/A Mater Group (Applicant) made an application for approval of the Mater Health Practitioners’ Enterprise Agreement 2016-2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the undertakings were provided to the United Voice and Australian Municipal, Administrative, Clerical and Services Union – Queensland Together Branch for their reference.

Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

The United Voice and Australian Municipal, Administrative, Clerical and Services Union – Queensland Together Branch, 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), the Commission notes that the Agreement covers these organisations.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 29 September 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Mater Misericordiae Limited T/A Mater Group was heard in the Fair Work Commission, where the application for approval of the Mater Health Practitioners’ Enterprise Agreement 2016-2019 was contested. The Mater Group sought to have the agreement approved, which would outline the terms and conditions of employment for health practitioners within their organisation. The dispute centred on whether the agreement met the necessary legal standards for approval, including whether it complied with the provisions of the Fair Work Act 2009.

The legal issues before the court were whether the agreement provided for the fair remuneration and conditions of employment for the health practitioners, and whether it contained provisions that were contrary to public policy. Additionally, the court had to consider whether the agreement had been made in good faith and whether it included provisions for the protection of employees' rights. The court also examined the process through which the agreement was negotiated and whether it complied with relevant legislative requirements.

In delivering its decision, the Fair Work Commission found that the Mater Health Practitioners’ Enterprise Agreement 2016-2019 met the necessary criteria for approval. The agreement was deemed to provide fair remuneration and conditions for the employees, and it did not contain any provisions that were contrary to public policy. The court further determined that the agreement had been negotiated in good faith and included appropriate protections for employees' rights. Given these findings, the court approved the agreement, allowing it to come into effect from the specified date.

Mater Misericordiae Limited T/A Mater Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established