Mater Misericordie Health Services Brisbane Limited

[2013] FWCA 8934

[2013] FWCA 8934

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Mater Misericordie Health Services Brisbane Limited
(AG2013/10787)

MATER PRIVATE HOSPITALS AND SERVICES (BRISBANE AND REDLAND) ADMINISTRATION EMPLOYEE ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 8 NOVEMBER 2013

Application for variation of the Mater Private Hospitals and Services (Brisbane and Redland) Administration Employee Enterprise Agreement 2013.

[1] An application has been made for variation of the Mater Private Hospitals and Services (Brisbane and Redland) Administration Employee Enterprise Agreement 2013 (the Agreement). The Mater Misericordiae Health Services Brisbane Limited (the Applicant) made the application pursuant to s.217 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] I have examined the material provided by the Applicant in support of its application, together with the support of the Australian Municipal, Administrative, Clerical and Services Union, and am satisfied that it includes all the relevant information which would be necessary to support the variation of the Agreement to remove an ambiguity or uncertainty.

[3] The application seeks to delete clause 8.5 (a), (b) and (c) contained in the Agreement and replacing it with the following:

8.5 Long Service Leave

Employees are entitled to long service leave in accordance with the Act however the following enhanced long service leave entitlements will be granted:

(a) An employee who completes 10 years' continuous service will be entitled to long service leave at the rate of 1.3 weeks on full salary for each year of continuous service

(b) Cash equivalent on ceasing employment normally occurs after 10 years continuous service however payment can be made for lesser periods of continuous service in the following circumstances:

i. Upon redundancy – 1 year

ii. Upon ill health retirement – 5 years

iii. Upon retirement within 10 years of attaining age 65 – 5 years

iv. Upon death – 5 years

(c) Where an Employee dies, the amount which would have been payable to that Employee had the Employee retired or been dismissed on the date on which the Employee actually dies shall be paid to the Employee’s dependants (if any) or the Employee’s personal representative.

[4] On the material provided by the Applicant with the application, I am satisfied that it is appropriate for the variation to the Agreement to operate from 8 November 2013, being the date of the approval of the Agreement.

COMMISSIONER

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