DECISION

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

Mater Misericordiae Limited T/A Mater Group
(AG2020/3033)

MATER HEALTH PRACTITIONERS' ENTERPRISE AGREEMENT 2019-2021

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 15 DECEMBER 2020

Application for approval of the Mater Health Practitioners' Enterprise Agreement 2019-2021.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Mater Misericordiae Limited T/A Mater Group (the Applicant) for approval of the Mater Health Practitioners' Enterprise Agreement 2019-2021 (the Agreement). The Agreement is a single enterprise agreement.

[2] The Queensland Together Branch of the Australian Municipal, Administrative, Clerical and Services Union (the ASU), the United Workers’ Union (the UWU), and The Association of Professional Engineers, Scientists and Managers, Australia (Professionals Australia), being bargaining representatives for the Agreement, each filed a Form F18 - Declaration of employee organisation in relation to an application for approval of an enterprise agreement in relation to the Agreement stating that they each supported approval of the Agreement.

[3] Correspondence was sent to the Applicants on 26 October 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed submissions and undertakings addressing the concerns raised on 28 October 2020. Further correspondence between my Chambers, the Applicant, and the bargaining representatives for the Agreement ensued, raising further concerns and attempting to resolve them.

[4] I listed the matter for conference on 26 November 2020 to discuss the identified concerns. Subsequently, the Applicant provided further undertakings. These undertakings were provided to each of the bargaining representatives for the Agreement and they were invited to provide a response. No response was received.

[5] The matter was listed for eHearing on 9 December 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard on 10 December 2020. No parties contacted my Chambers.
[6] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[7] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[8] In accordance with s.201(2), I note that the Agreement covers the ASU, the UWU, and Professionals Australia.

[9] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A.

CaseChat Overview and Summary

The Mater Misericordiae Limited T/A Mater Group, an entity that operates healthcare facilities, sought approval of the Mater Health Practitioners' Enterprise Agreement 2019-2021 from the Fair Work Commission. The respondents to the application included various unions representing health practitioners. The application arose because the agreement, which aimed to set out the terms and conditions of employment for certain health practitioners, required approval by the Commission before it could be registered and enforced.

The central legal issue was whether the proposed agreement complied with the statutory requirements set forth in the Fair Work Act 2009, particularly in relation to the provisions that govern the scope of bargaining, the process of bargaining, and the content of the agreement. Specifically, the Commission had to determine if the agreement covered only the permitted topics of bargaining and if it contained all the required terms and conditions. Additionally, the Commission assessed whether the agreement was made in good faith and without coercion, and whether it met the genuine agreement test.

In assessing the application, the Commission examined the bargaining process and the content of the agreement. It found that the agreement was made in good faith and without coercion, and that it covered only the permitted topics of bargaining. The Commission also determined that the agreement contained all the required terms and conditions, including the provisions on remuneration, classification, and other employment-related matters. Having satisfied itself that the agreement complied with the statutory requirements, the Commission approved the Mater Health Practitioners' Enterprise Agreement 2019-2021, allowing it to be registered and enforced.

The final orders of the Commission included the approval of the Mater Health Practitioners' Enterprise Agreement 2019-2021, which would now be binding on the parties and enforceable under the Fair Work Act. The Commission's decision ensured that the agreement could be implemented, providing certainty and stability in the employment relationship between the Mater Group and the health practitioners covered by the agreement.

Mater Misericordiae Limited T/A Mater Group

DECISION

Attachment A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established