Application by Mater Misericordiae Limited Trading AS Mater
Citation: [2026] FWC 2880
At a glance
- Employees affected
- 1423
What happened
Mater Misericordiae Limited (Mater) sought orders from the Fair Work Commission regarding which enterprise agreement would apply to approximately 1,423 employees transferring from Healthscope Operations Pty Ltd (Healthscope). These employees work at the Gold Coast Private Hospital and 370 are covered by the Healthscope Queensland Health Professionals and Support Services Enterprise Agreement 2023. Mater wants these employees to be covered by either the Mater Operational Employees Enterprise Agreement 2025 or the Mater Corporate and Administration Services Enterprise Agreement 2023 instead. A consultation process was undertaken, with 99% of operational employees and 100% of administration employees surveyed supporting the application.
What was decided
The Fair Work Commission found that the Healthscope Agreement was a transferable instrument and would cover the transferring employees unless an order was made. The Commission considered various factors including the views of Mater, the potential impact on productivity, economic disadvantage to Mater, business synergy, and public interest. The Commission accepted unchallenged evidence from Mater regarding administrative costs and logistical implications if the Healthscope agreement applied. Orders were made that the transferring employees would not be covered by the Healthscope Agreement but instead by one of Mater’s agreements.
What it means for employers
Employers acquiring businesses with existing enterprise agreements should carefully consider which agreements will apply to transferred employees. Standardizing employment conditions across an organization can improve productivity and reduce administrative costs, however consultation is key. Employers must also be prepared to provide evidence supporting their position regarding potential economic disadvantages or impacts on business synergy.
What it means for employees
Employees whose employment transfers as part of a business acquisition may find themselves covered by a different enterprise agreement. While this can bring benefits such as standardized conditions, it's important for employees to understand the implications and have opportunities to provide feedback during consultation processes. Affected employees did not participate in the process.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →