Mater Misericordiae Ltd

[2024] FWCA 1816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mater Misericordiae Ltd

(AG2024/1256)

MATER MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER MATHESON	SYDNEY, 17 MAY 2024

Application for approval of the Mater Maintenance Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Mater Maintenance Services Enterprise Agreement 2023 (Agreement). The application was made by Mater Misericordiae Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry and Maritime Employees Union, 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) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2024. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Mater Misericordiae Limited sought approval of an Enterprise Agreement from the Fair Work Commission. The agreement was for the Mater Maintenance Services Enterprise Agreement 2023, which was intended to govern the employment conditions of maintenance workers employed by the Mater Misericordiae Limited. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission was required to address were whether the agreement had been fairly negotiated and if it met the criteria set out in section 230 of the Fair Work Act. This included whether the agreement dealt with the employees' terms and conditions of employment, provides for a proper and efficient means of resolving disputes, and meets the "better off overall test" as required by the Act. The Commission also needed to consider whether the agreement complied with any relevant minimum standards prescribed by a safety net award.

In its decision, the Fair Work Commission examined the process of negotiation and the content of the agreement. The Commission found that the agreement had been fairly negotiated and contained all the necessary provisions to meet the requirements of the Act. The agreement provided for the terms and conditions of employment, included dispute resolution mechanisms, and satisfied the better off overall test. Additionally, the Commission determined that the agreement did not fall below the minimum standards set by the relevant safety net award. As a result, the Commission approved the Mater Maintenance Services Enterprise Agreement 2023.

The Commission's final orders were that the Mater Maintenance Services Enterprise Agreement 2023 be approved as a registered agreement under the Fair Work Act, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the maintenance workers are governed by the agreed-upon provisions, providing a legally binding framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established