Mater Misericordiae Limited Summary

[2024] FWCA 2382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mater Misericordiae Limited

(AG2024/2084)

MATER MEDICAL OFFICERS ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER DURHAM	BRISBANE, 26 JUNE 2024

Application for approval of the Mater Medical Officers Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Mater Medical Officers Enterprise Agreement 2023 (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 (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union, Queensland Together Branch (ASU) and the Australian Salaried Medical Officers Federation, Queensland Branch (ASMOF) lodged their respective Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover each of them. In accordance with s.201(2) of the Act, I note the Agreement covers the ASU and ASMOF.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Mater Misericordiae Limited, a hospital operator in Queensland, and the Mater Medical Officers Union, which represents medical officers at the hospital. The union sought approval of a new enterprise agreement for the year 2023, which included various terms and conditions regarding pay, hours, and other employment matters. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the "better off overall test". This test requires that the agreement be at least as good as the relevant award or previous agreement for the majority of employees, and that it is not detrimental to the financial sustainability of the employer. The Commission also had to consider whether the agreement was consistent with the principles of enterprise bargaining set out in the Act.

In its decision, the Commission found that the proposed agreement met the better off overall test, as the majority of medical officers would receive pay increases and other benefits that were at least as good as, if not better than, the terms of the previous agreement. The Commission also determined that the agreement did not pose a financial risk to Mater Misericordiae Limited, as the hospital had demonstrated that it had sufficient funding to meet the new costs. The Commission approved the Mater Medical Officers Enterprise Agreement 2023.

The Commission ordered that the agreement be registered and binding on all parties, effective from 1 July 2023. The decision provides certainty for both the hospital and the medical officers, as well as the broader community that relies on the hospital's services.

Mater Misericordiae Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established