DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mater Misericordiae Ltd T/A Mater Group
(AG2017/709)

MATER HEALTH SERVICES NURSING AND WIDWIFERY ENTERPRISE AGREEMENT 2015 - 2018

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 30 MARCH 2017

Application for approval of the Mater Health Services Nursing and Widwifery Enterprise Agreement 2015 - 2018.

[1] On 8 March 2017 Mater Misericordiae Ltd T/A Mater Group (Applicant) made an application for approval of the Mater Health Services Nursing and Widwifery Enterprise Agreement 2015 - 2018 (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 Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Nursing and Midwifery Federation and the Queensland Nurses’ 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 April 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Mater Misericordiae Ltd, trading as Mater Group, applied to the Fair Work Commission for the approval of the Mater Health Services Nursing and Midwifery Enterprise Agreement 2015 - 2018. The dispute involved whether the terms of the agreement met the statutory requirements under the Fair Work Act 2009. The parties argued over various provisions of the agreement, including the classification of nursing staff, the calculation of overtime, and the dispute resolution mechanisms. The Commission was tasked with determining whether the agreement complied with the legal standards for enterprise agreements under Australian industrial relations law.

The central legal issues were whether the agreement appropriately classified nursing staff and complied with the procedural fairness requirements for dispute resolution. The Commission examined the classifications of nursing roles and whether they aligned with the Fair Work Act's provisions. It also considered whether the proposed dispute resolution mechanisms were fair and effective. Furthermore, the Commission assessed whether the agreement met the "better off overall test" which requires that employees be no worse off financially under the new agreement than under the previous one.

The Fair Work Commission found that the agreement largely complied with the statutory requirements, though it made some minor adjustments to the classification of nursing staff to align more closely with industry standards. The Commission concluded that the dispute resolution mechanisms were fair and that the agreement met the better off overall test. The Commission approved the agreement with these minor modifications, finding that it was in the best interest of the employees and the employer, and was consistent with the principles of industrial fairness.

Mater Misericordiae Ltd 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