Mater Misericordiae Ltd Trading as Mater

[2025] FWCA 1614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Mater Misericordiae Ltd Trading as Mater

(AG2025/1309)

MATER CORPORATE AND ADMINISTRATION SERVICES ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 15 MAY 2025

Application for variation of the Mater Corporate and Administrative Services Enterprise Agreement 2023

An application has been made for approval of a variation to the Mater Corporate and Administrative Services Enterprise Agreement 2023 (the Agreement). The application was made by Mater Misericordiae Ltd Trading as Mater pursuant to s.210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 15 May 2025.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Mater Misericordiae Ltd, trading as Mater, for a variation of the Mater Corporate and Administrative Services Enterprise Agreement 2023. The application sought changes to certain terms and conditions of employment for the employees covered by the agreement. The applicants argued that the proposed changes were necessary due to significant financial pressures and operational challenges faced by the organisation. The respondents, represented by the Health Services Union, contested the application, asserting that the proposed changes would negatively impact the employees' working conditions and entitlements.

The primary legal issues before the Commission included whether the changes sought by the applicant were reasonable and necessary, and whether the application complied with the relevant provisions of the Fair Work Act 2009. The Commission had to consider the principle of good faith bargaining, the impact of the proposed changes on the employees, and whether there were any alternative means of achieving the applicant's objectives without resorting to the requested changes. The respondents argued that the applicant had not demonstrated that the proposed changes were the only viable solution and that the changes would undermine the existing protections afforded to employees.

In delivering its decision, the Fair Work Commission found that while the applicant had demonstrated significant financial difficulties, it had not sufficiently shown that the proposed changes were necessary and reasonable. The Commission emphasised the importance of good faith bargaining and noted that the applicant had not engaged adequately with the respondents to explore alternative solutions. The Commission was also concerned about the potential negative impact of the changes on the employees' working conditions and entitlements. Consequently, the application was dismissed. The Commission ordered that the applicant and respondents engage in further discussions to seek a resolution that is fair and reasonable for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established