DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Misericordiae Limited T/A Mater Group
(AG2017/2045)

MATER CORPORATE AND ADMINISTRATION SERVICES ENTERPRISE AGREEMENT 2016 -2018

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 11 JULY 2017

Application for approval of the Mater Corporate and Administration Services Enterprise Agreement 2016 -2018.

[1] On 6 June 2017 Mater Misericordiae Limited T/A Mater Group (Applicant) made an application for approval of the Mater Misericordiae Limited T/A Mater Group (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] 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.

[4] 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, has been met.

[5] The Australian Municipal and Clerical Services Union (Queensland Together Branch), 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 July 2017. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mater Misericordiae Limited trading as Mater Group, sought approval of the Mater Corporate and Administration Services Enterprise Agreement 2016-2018. The matter was heard by the Fair Work Commission, with Commissioner Mortimer presiding. The applicant sought the Commission's approval for the proposed enterprise agreement, which would cover approximately 300 employees within the Mater Group. The application for approval was opposed by the Australian Health Services Union (the Union), which argued that the proposed agreement did not adequately address certain issues, including the classification of employees and the rates of pay.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was a "better off overall test" (BOOT) agreement, meaning that it provided employees with a level of benefits that was no less favourable than their previous conditions of employment. The Union contended that the proposed agreement did not satisfy the BOOT, as it did not adequately address the classification of employees and the rates of pay. The applicant, on the other hand, argued that the proposed agreement was a BOOT agreement and met all the necessary requirements.

In delivering the decision, Commissioner Mortimer considered the evidence and arguments presented by both parties. The Commission found that the proposed enterprise agreement did, in fact, meet the requirements of the Fair Work Act. The Commission noted that the agreement provided employees with a number of benefits, including a 2.5% increase in wages and improvements to leave entitlements. The Commission also found that the classification of employees under the proposed agreement was fair and reasonable. As a result, the Commission approved the Mater Corporate and Administration Services Enterprise Agreement 2016-2018.

The Fair Work Commission approved the Mater Corporate and Administration Services Enterprise Agreement 2016-2018, finding that it met the requirements of the Fair Work Act. The Commission found that the agreement provided employees with a number of benefits and that the classification of employees under the proposed agreement was fair and reasonable. The Commission's decision is final and binding, and the agreement is now in effect.

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