Application by Mater Misericordiae Limited Trading AS Mater
Citation: [2026] FWC 2881
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's Gold Coast Private Hospital. These employees are currently covered by the Healthscope – Queensland – Nurses and Midwives – Enterprise Agreement – 2021 (Healthscope Nursing EA). Mater wants them to be covered instead by either the Mater Nursing and Midwifery Agreement 2022–2025 or a combination of a common law contract and the Nurses Award 2020. A consultation process involving surveys, information sessions, and meetings was conducted with employees. Approximately 424 out of 945 nursing employees participated in the survey, with 401 voting to support being covered by the Mater Nursing EA.
What was decided
The Fair Work Commission found that the Healthscope Nursing EA is a transferable instrument and will cover Mater and the transferring employees. The Commission was satisfied that Mater provided adequate opportunities for employees to express their views through consultation, despite concerns raised by the Australian Nurses and Midwifery Federation (ANMF) regarding low voter turnout and survey phrasing. The Commission noted no objections were received from affected employees. Ultimately, the Commission decided to grant Mater’s application.
What it means for employers
Employers acquiring businesses with transferring employees need to carefully consider which enterprise agreements will apply. A thorough consultation process is essential, providing clear information and opportunities for employee feedback. While a high voter turnout isn't necessarily required, demonstrating genuine effort in consulting with affected employees is crucial when seeking changes to employment conditions.
What it means for employees
Employees transferring between employers should be informed about the applicable enterprise agreements and have opportunities to provide input on any proposed changes. If concerns arise during consultation, it’s important to raise them formally through union representation or direct communication with the employer.
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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 →