DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mercy Public Hospitals Inc
(AG2015/5818)

MERCY PUBLIC HOSPITALS HEALTH SERVICE (BIOMEDICAL ENGINEERS) ENTERPRISE AGREEMENT 2014-2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 2 NOVEMBER 2015

Application for approval of the Mercy Public Hospitals (Biomedical Engineers) Enterprise Agreement 2014 -2017.

[1] An application has been made for approval of an enterprise agreement known as the Mercy Public Hospitals (Biomedical Engineers) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Mercy Public Hospitals Inc. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mercy Public Hospitals Inc was the applicant before the Fair Work Commission seeking approval of the Biomedical Engineers Enterprise Agreement 2014-2017. The Biomedical Engineers Union was the respondent. The dispute involved the terms and conditions of employment for biomedical engineers within the Mercy Public Hospitals system. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a "better off overall test" agreement and whether it included all necessary minimum terms and conditions.

The Commission examined the terms of the agreement to determine if it provided the biomedical engineers with a fair and reasonable outcome compared to their previous conditions. The agreement was scrutinised to ensure it complied with all statutory minimum standards, including provisions for hours of work, penalty rates, and leave entitlements. The Commission also considered if the agreement contained any provisions that might be contrary to public policy or unfair to the employees. After careful analysis, the Commission found that the agreement met the statutory requirements and was fair and reasonable for the employees. The Commission approved the agreement, ensuring it would be binding on all parties involved.

Mercy Public Hospitals Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established