Mater Misericordie Health Services Brisbane Limited

[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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CaseChat Overview and Summary

The applicant, Mater Misericordiae Health Services Brisbane Limited, sought to vary the Mater Private Hospitals and Services (Brisbane and Redland) Administration Employee Enterprise Agreement 2013 in the Fair Work Commission. The respondents, Australian Nursing and Midwifery Federation and Queensland Nurses and Midwives' Union, opposed the application. The dispute centred around the proposed changes to the classification and remuneration of certain administrative staff within the applicant's facilities.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were procedurally and substantively valid. The applicant argued that the changes were necessary to reflect changes in the roles and responsibilities of the affected employees and to maintain competitive remuneration within the sector. The respondents contended that the changes would result in a significant reduction in pay and conditions for the employees, contrary to the principles of fairness and equity.

The Commission examined the evidence and submissions presented by both parties. It found that the process for negotiating the changes was procedurally sound, with adequate consultation and opportunity for the respondents to provide input. On the merits, the Commission considered the nature of the roles and the market rates for comparable positions. It concluded that the proposed changes were reasonable and appropriate, reflecting the actual work performed by the employees and aligning with industry standards. The Commission upheld the application, finding that the changes were in the best interests of the employees and the organisation.

The Commission made orders varying the enterprise agreement in accordance with the application, effective from the date of the decision. The respondents were directed to implement the changes as set out in the varied agreement. The applicant was required to provide written notification to the affected employees of the changes and to engage in further consultation regarding the implementation. The decision was binding on all parties and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established