DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Misericordiae Limited T/A Mater Hospital Brisbane and Mater Misericordiae Mothers’ Hospitals
(AG2016/1496)

MATER HEALTH SERVICES SENIOR MEDICAL OFFICERS’ ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the Mater Health Services Senior Medical Officers’ Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mater Health Services Senior Medical Officers' Enterprise Agreement 2015 (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 Hospital Brisbane and Mater Misericordiae Mothers' Hospitals. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Salaried Medical Officers Federation and Together Queensland, Industrial Union of Employees 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.

[4] The Agreement was approved on 23 June 2016 and, in accordance with s.54, will operate from 30 June 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were Mater Misericordiae Limited, trading as Mater Hospital Brisbane and Mater Misericordiae Mothers’ Hospitals, and the Fair Work Commission. The dispute centred on the application for approval of the Mater Health Services Senior Medical Officers’ Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which is Australia's workplace relations tribunal with the authority to approve, reject, or vary enterprise agreements.

The legal issues that the Fair Work Commission was required to decide upon involved the compliance of the enterprise agreement with the relevant legislative provisions, specifically the Fair Work Act 2009. The Commission had to consider whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was free from any terms that would undermine the operation of the Act or any other law.

In making its decision, the Fair Work Commission examined the terms of the agreement and the submissions made by both parties. The Commission found that the agreement was fair and reasonable, and met the criteria for approval under the Fair Work Act. The Commission noted that the agreement provided for a fair and equitable distribution of benefits between the parties, and that it was free from any terms that would undermine the operation of the Act or any other law. The Commission also found that the agreement was consistent with the principles of the National Employment Standards and the applicable awards. Based on these findings, the Fair Work Commission approved the Mater Health Services Senior Medical Officers’ Enterprise Agreement 2015.

The Fair Work Commission's decision to approve the Mater Health Services Senior Medical Officers’ Enterprise Agreement 2015 provides guidance to employers and employees in the healthcare sector on the requirements for a fair and reasonable enterprise agreement. The decision also reinforces the importance of the Fair Work Commission's role in ensuring that enterprise agreements meet the criteria for approval under the Fair Work Act.

Mater Misericordiae Limited T/A Mater Hospital Brisbane and Mater Misericordiae Mothers’ Hospitals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established